What are my chances of gaining full custody of my son?

Question

My wife and I have been married for 4 years, separated for 2 years. We married young, she was 17 and I 19. We have a 31/2 yr. old son. My wife abandoned our marriage with no job and no place to go. Shortly after our separation, she started another relationship with an abusive man who she is now engaged to; if that's possible. He has since joined the Marines. She drops everything, even our son when boyfriend is around. Her mother reluctantly let her move back into her home, although our son was always welcome. She wanted to party and club with her friends rather than repair our marriage. I feel she only got married to legitimize our son. We currently share custody of our son although he actually stays with her mother during the time she should have him, fri.- mon. She has moved in with her cousin and spends very little time with our son.
I feel that with our son nearing school age, he should have a more stable life. I've provided for all my son's need's. Strong advice needed.

Answer 1

Go see a lawyer - as this is a complex legal matter. Do you have a good relationship with your wife's mother - as it would be a shame to your son from seeing her if she loves her grandson. I hope this works out for you as I think you could be in for a long struggle. just try to put your child's welfare at the front of everything and try to make your decisions based on that after seeking good legal advice.Good luck.

Answer 2

You probably won't like this answer and neither will a lot of other people. I have been down this road and I speak from experience. You have three things working against you. 1. Your male 2. Your male 3. Your male. In this land of government mandated Equal Opportunity and sexual discrimination lawsuites you will find the the courts favor the mother. She has to be very unfit and you must prove it ten times over. The courts would rather garnish 40% of your gross wages then make an unpopular ruling that is in the best intrest of the child. Many will disagree and I have no idea where you reside. All I can tell you is it will be a difficult, heartbreaking, uphill battle.

Answer 3

I would certainly try and see if I couldn't get him. His mother seems to want to party more then be there for him. A stable like is more important then her feelings. He needs someone who will be there when he needs them. Talk with a lawyer and see what the best way of going about getting custody of him. If you can prove she isn't the right parent to bring him up then go for it. Show the court that she isn't working which hasn't nothing to do with being a mother, but that she could be spending time with him but decides to spend her time with friends. A grandmother is great to help out but he needs more than that. I wish you the best of luck.

Answer 4

You really can't dictate how your wife uses her time with your son. She may not be the best Mom she can be right now, but your son still needs her! It is best for your son that he get to spend time with both of his parents. He needs to know who his mother is, the good and the bad, and draw his own conclusions about her over time.

It sounds like you already have your son half the time. At least he is getting to spend time with his grandmother too. Find things to do with him on those weekends when her boyfriend is going to be in town. She would probably turn him over to you then. You'd get to spend more time with him and he wouldn't always be under Gramma's feet or subjected to the boyfriend. If she does marry that guy then it is in your son's best interest to get to know his stepdad rather than NOT spending any time with him.

Answer 5

I think that the courts would have a hard time siding with your ex wife because her fiance is abusive. Get an attorney fast and if possible get some proof of the abuse. I hope you get full custody and get minimal visitation to keep your son away from your ex wife and her psycho fiance.

Answer 6

Have you filed for divorce and still waiting on your court date, or are you just separated? If you havent filed, FILE FOR DIVORCE. And in your papers, go for full custody. If you have- or can get- proof of her out clubbing, get it. Talk to your son. Has he seen anything he shouldnt have seen-- bf and mom fighting, bf hitting mom, etc? You can also check into a child therapist to pick his mind a bit. You can get custody, but if she fights you on, it, you will have to have your proof lined up. Another thing you might think about, is if you could get mom-in-law to testify for you. You can give her visitation rights so she would still be able to see your son on a regular basis, no matter what his mom does. Bottom line-- get your proof. (But then again, if shes that much into being "free"--- she might not fight you at all)

Answer 7

If you can prove her lifestyle then go to court. The child's best interest is what the court is interested in. My bouyfriend just won temporary custody of his 6 year old daughter yesterday. Get some witnesses and some evidence and go for it!! Keep track of everything she does. We logged everything she did for the last 3 years and the attorney thinks it made a big difference .

Answer 8

I think you should totally get full custody of your son, its not fair what your x is doing to him. I strongly think you should go to court and find a way to get him back! Good Luck

Answer 9

I think there is a good chance you'll get him
Ask your son who would he want to stay with
But bottom line children these days need
stability and you give him that
Document her behavior and get a lawyer
but I think you'll get full custody
I hope you do
Good Luck!

Answer 10

i believe you can get custody of your son if you talk to a lawyer if you can prove shes unfit