Does a mother legally have a better chance of getting full custody of her child?

Question

The reason I ask this question is I want full custody of my son but my ex a hole of a husband says he will use all his money (and his parents money, they are rich) to get the best lawyers to fight me if I take him to court for custody. He says that a boy doesn't need to have his mother around as much as his father. I am pretty poor (I go to college full time) but I survive and I will have a great job when I finish school. I can't stand living without my son anymore but I know I can't afford a good lawyer like he can. Can someone please help?

Answer 1

Courts are very relucant to split a child away from it's mother. If you can show the courts beyond a doubt that you can support both yourself and your son, then you have a good chance of holding onto him.
Your ex will get visitation rights but it's rare the court will separate a child from it's mother unless there is a mitigating reason like substance abuse or monetary problems. Try not to let your ex intimidate you with his money, don't believe what he says and seek some legal advice about the best arguments in order to keep your child.
When you speak to a lawyer, make sure you tell them everything your husband may try to use against you in order to get custody. Have you ever had an affair? Taken off and left your child alone? Lost a job for some reason? Anything that you have done that allows someone to question you character can be turned against you and your lawyer needs to know of anything you can think of in order to have an argument ready if it's brought up in court. You should also tell your lawyer about any discrepancies in your husbands character such as affairs, working late nights or odd hours, that sort of thing as they can go toward establishing your case. A fancy lawyer doesn't matter if they don't have a reason to take your son. Even a low paid lawyer will win a court case with the right information.

Good luck and i hope you kepe your son.

Answer 2

I know how you feel. I have both my kids: boy 10, girl 7. thier mother moved far away. Money does mean a lot. But its necessary for kids to have thier mother. Mothers have instinks that fathers don't have. Mothers show more love. going to college shows an accomplishment to a judge. some judges look down on people trying to buy thier way through life. He also needs his father. If you fight for joint but in your custody you may win. The only think he can do to fight that is prove you are on drugs, unfit, live in an unsanitary home, or a mental case or something drastic. unless you can prove any of those thing of him, you have no chance of full custody and he can acually use against you the fact you want full custody without reason. That would make the judge feel you may be unsimpathetic of child needing father. A child needs both parents. My kids mother is a drug addic. She cant have custody but she is always wellcome to see her kids while not on drugs because the kids need to see her. Good luck

Answer 3

Is there a reason why you don't want joint custody? He may be an a hole to you but does he treat your child well? In this day and age boys need a Father as well as a Mother. If he can help you raise your son into becoming a good man then try to work things out with him and come to some kind of deal so that it's fair for everyone.

Answer 4

Do you live in CA? I have shared custody. I have 100% legal and 50-50 physical (although he only takes them every other weekend,If that). It seems that because women used to automatically get full custody they wanted to make things "fair" and 'In the best interest of the child"so they really try to give custody to both parents,even though it is not always best. He will probably fight for at least 50/50 so he won't have to pay child support. Is he paying alimony? CA also starts with mediating for child custody, so initially it shouldn't cost too much. Also if he starts proceedings he could be made to pay your tab!!Talk to a lawyer for advice. They'll give you an initial freebie.

Answer 5

Under the following circumstances, yes.
1. Your family will support you and the child if you need it.
2. Your son wants to be with you. (This is the most important part.)
If you have both of these things, you will almost certainly win.
It does not matter how much money he has because many courts believe that a mother is the most important thing in a child's life; not the money.
Good luck.

Answer 6

Don't let him intimidate you or be intimidated by the fact that his parents have money. Unless he can prove that you are an unfit mother, the judge will, in all likelihood, grant you full custody of your child. But I would strongly advise you to obtain legal representation. There are plenty of attorneys who represent people with low incomes. Check your yellow pages for Legal Aid or a referral service for an attorney who can represent you in this matter. Good luck.

Answer 7

First of all get a LAWYER !!!!! Does he have your son with him now? No court just gives the kid to one or the other. The age of the child comes into play. The child should be appointed a Guardian Adlitem. Then it really gets complicated

Hope this helps, email me if you need something else

Answer 8

Whoever is the caretaker will probably get custody. If ****** was never around or doesn't know anything about his son, a judge will realize this and realize this ploy he is trying to use ..$$$...to get your son. Joint custody is the only way these days for the benefit of the child...unless he is abusive.

Answer 9

ur ex husband will have to prove u to be an unfit mother to take away full custody just make sure u do everything by the book if he takes u to court he will probley get joint custody of ur son no matter how much money him and his mom and dad have

Answer 10

you dont need a lot of money to be a good parent. Contact legal aid, if they have it in your country. Mothers used to get custody most of the time, now though it kind of goes ona case by case basis, if you can be there for your son, and love him and stuff then there shouldnt be a problem.