AS I HAD STATED IN MY PREVIOUS QUESTION, I AM SEEKING CUSTODY OF MY DAUGHTER. I TRULY BELIEVE THAT I CAN GIVE MY DAUGHTER A BETTER LIFE DUE TO THE FACT THAT I HAVE A SOLID AND SECURE WORK HISTORY AND CAN PROVIDE FOR HER. MY EX HAS NOT BEEN ABLE TO KEEP A JOB FOR MORE THAN 1 YEAR AND IS CONSTANTLY BORROWING MONEY TO MAKE ENDS MEET. DON'T GET ME WRONG, SHE LOVES MY DAUGHTER AND SHE TAKES VERY GOOD CARE OF HER BUT I FEEL THAT TAKING MONEY FROM ME TO GIVE TO HER AND ALSO ALLOWING HER TO EVENTUALLY MILK OFF THE SOCIETY WITH WELFARE IS HARDLY THE LIFESTYLE I WANT FOR MY DAUGHTER. I LIVE IN KY AND I HAVE ALREADY BEEN ADVISED BY MY LAWYER THAT THEY ALWAYS PERCIEVE THE MOTHER AS A BETTER PARENT. I DISAGREE BUT WHAT CAN I DO, APPARENTLY NOTHING. IN RESPONSE TO THE QUESTIONING ABOUT A PROTECTIVE ORDER ON ME, YES SHE FILED AN EPO ON ME FALSELY ACCUSING ME OF ABUSING HER. MY LAWYER SAID THAT THIS IS LEGAL TACTICS TO ATTAIN IMMEDIATE CUSTODY AND SUPPORT. SHE RECIEVED NEITHER BUT I STILL GOT A DVO.
2007-02-14 04:44:43 · 5 answers · asked by lamphinhome 3 in Politics & Government ➔ Law & Ethics
You state that you have a true belief in your opinion as to the Best Interest of your daughter. You must maintain that true belief. Courage is the perseverance of your beliefs in the face of adversity. The subject matter, your daughter's life, is as significant as any decision you will make in life.
It is your decision to know and implement those things under your control.
Those things under your control are 1) how much you will persevere, 2) your selection of attorneys to legally assist you in your goal, 3) how much you will spend in capital to invest in pursuing your goal. If you could or would spend $20,000.00 for a vehicle, a room addition to a home, or anything, then decide if you will spend that capital for a significant struggling effort for your daughter.
The DVO has created a legal presumption against you for being the custodial parent; however a legal presumption is not a bar or prohibition against you. It is only a presumption, that you can overcome with clear evidence to the contrary. A good sign is your stated fact that she received neither (immediate custody and support). That good sign is evidence that some judge did not fully "buy" the credibility of her charges against you. Without the "crystal ball," the court may have granted the DVO just to be cautious. If you will research "false accusations" on the web, you will find many sites, and some of them will relate to a mental disorder inclusive of personality disorders, the least of which may be Borderline Personality Disorder, a disorder in which false accusations are common. If you deem that she may have one of the disorders, you should consider filing a motion for a court order that both of you or only her submit to mental examinations. The result of the same may give substantial evidence relevant to who may provide the best interests of your daughter, and may provide evidence that would place a strong doubt of her truthfulness in her allegations against you.
A legal presumption in your favor is that gender of a parent is not to be considered in determining the Best Interest of a Child. The strength of your attorney's advocacy must keep that legal presumption from being eroded.
Once you make a solid decision on those factors 1), 2), and 3) above, you will be able to find an attorney specializing and very experienced in child custody cases that will tell you that they strongly believe that gender will not be the critical factor in the case. Every attorney has relative strengths and weaknesses, some are not so good, some are very good. Those that are very good, do not brag and do not over-advertise - they don't need to.
I think it is good for you, personally and legally, that you recognize the love between your daughter and her mother, and the love between your daughter and yourself.
2007-02-14 05:42:57 · answer #1 · answered by dejrevilo@sbcglobal.net 2 · 0⤊ 0⤋
Your lawyer will be the best person to give advice. Ask him if KY, like many other states, have a statute specifically saying that there is no presumption that the mother is the best caregiver or presumed to be the person who will give primary physical care to any children. At least the judge can be "reminded" of this law when considering the custody order.
The Domestic Violence Order is tough, because that can create some presumptions (or at least doubts in a judge's mind). If the order was entered, you need to ask your attorney to see if it is worth it to petition to have it vacated. Be prepred to bring proof that what she's saying is false -- through testimony of neighbors, medical records, etc.
Good luck.
2007-02-14 04:50:36 · answer #2 · answered by Perdendosi 7 · 1⤊ 0⤋
As i'm specific you comprehend, each and each state has their very own regulations, so something I inform you is the regulation in my state, probable shouldn't prepare on your state. i'd confirm I had an criminal expert that's very versed in infant custody regulations, no longer one that focuses on financial ruin, case in point. you comprehend what I propose? you does no longer flow to a dentist in case you mandatory a chiropractor. verify your yellow pages for attorneys who checklist infant custody as one among their aspects of understanding and then call and spot in case you may get a loose consultation. whether you may pay, that's generally no longer lots and could be rather well worth it given which you're struggling with on your daughter. i'm thinking why you're struggling with for custody...are you basically indignant or is the youngster incredibly in possibility by some potential? make certain you look deep in the previous you're taking that form of step, raising a infant isn't trouble-free, worthwhile, yet no longer trouble-free and in case you're no longer able to do it, you would be spending a lot of money on a misplaced reason. in case you're heart's interior the ultimate place I choose you quite some success. basically constantly think of of your daughter first...and of direction you have a amazing to ascertain her, except there are circumstances that led your ex to maintain her from you...and in trouble-free terms you comprehend that.
2016-10-02 03:20:07 · answer #3 · answered by ? 4 · 0⤊ 0⤋
every state varys on these issues maybe she has trouble keeping a job because when kids are sick and people have to call off work it pisses off the boss, maybe you should ask your lawyer to try to obtain joint custody my ex husband (who for 8 long years didn't have a job because he was a fat lazy video game junkie,and i use to work 2 jobs ) we have joint costudy he stays with me fir two weeks and his dad for two weeks neither of us has to pay child support and we alternate holidays sometimes he's broke and i lend him money sometimes i'm broke and he'll lend me money we don't petericulary care for one another and we put on an act and play nice nice for the sake of our kid which is what you need to do just because you held a job for longer than a year doesn't make you a better parent and if you have full costudy of your daughter and you work you'll have to put her in daycare which is not a great move either so instead of trying to take the girl maybe work out something with your ex so she can get a job if you work nights than watch your daughter days so she can work or vice versa oh and many mom's have full costudy of their kids and get child support which is taking money from you and giveing it to her to help her support the child and it is right wither you think it not. as for welfare if she can qualify for wic or foodstamps than what's the big deal lots of people get them i myself recieve wic which is only 50 dollars worth of milk juice and cheese a month so it's not like i'm milking the government and giving a terrible lesson to my kids so try for joint costudy and try to be civil to one another if you want to be a good parent than do what good parents do put your child first even if it means that you have to do what you don't want to to be a good parent is to sacrafice your own needs for the need of the child
2007-02-14 05:14:37 · answer #4 · answered by auntie s 4 · 0⤊ 0⤋
laws vary by state
don't you think that your lawyer would be more qualified to answer this than random answers from God only knows who or what field of expertise they are in?
2007-02-14 04:53:59 · answer #5 · answered by Anonymous · 0⤊ 0⤋