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but he was on probation for throwing a knife at me a few yrs ago in front of my kids. And also has a history of abuse. Should I be worried that there might be a judge out there crazy enough to give him custody of my son. Or should I not be worried at all?

2007-05-19 13:44:26 · 17 answers · asked by ~*Loveless*~ 3 in Family & Relationships Marriage & Divorce

17 answers

Chances are very heavy that he will never even have a chance of ever obtaining custody even if he didnt have a violent background. He would have to have you ruled unfit to continue custody and then convince the Judge that hes the best parent around. I just dont see that happening here at all. So you really have nothing to worry about here. The legal system is on your side.

2007-05-19 13:53:37 · answer #1 · answered by Arthur W 7 · 1 0

An honest, fair judge will look very closely at what's best for your kids. They belong to both of you, and in normal circumstances, should be cared for by both of you. If your ex is abusive, this is going to work in your favor. If you were abusive towards him, as well...you're both in the same boat. (not trying to imply anything at all, but sometimes the facts aren't all laid out). For people to say the courts are geared towards women is correct-unfortunately. It should be geared towards the better parent. If that's you, fight for your kids and you will get them. The ex might just want sole custody so he doesn't have to pay support. But if the courts see you as equally capable parents, you're likely going to get joint custody and have to make the best of it. Make sure you keep a journal of everything that is happening with the ex, in case you need to show his history in court-write down everything, no detail is too small. Whatever you do, try not to let this whole thing take over your life, it consumes quickly. Good luck!

2007-05-19 20:56:36 · answer #2 · answered by Luvitall 3 · 1 0

I would make sure that the court knows of what happened before. I would keep a record of anything that happens. As far as the judge, I would see a lawyer. Many will let you come in for a free or cheap consoltation fee. I went thru something similar a few years ago. I testified against my son's grandfather in a murder trail and my ex decided to make my life hell and took me to court over custody. Men that exibit this kind of behavoir often just talk a big game and when it comes time for court they don't even show! I wish you the best of luck. I know that in a situation like this, this is all you can think about.

2007-05-19 20:55:19 · answer #3 · answered by ravenrose23 2 · 1 0

Unless you have something in your closet, you have nothing to worry about. He is an abuser and wants to get even with you by using the children. Mind your p's and q's. Every time he calls let him know that you are recording the phone calls and tape them. Make sure the words I am recording this conversation is on the tape. This way you can use them in court. Keep all phone message to use in court. The more evidence you have against this cat, the better. If his verbally abusing you on the phone, then he will do the same with the children. This will keep him from seeing them. When you have a conversation with him, stay as calm, cool, and collective as you possibly can. He will try some crazy things to make you feel he has you in a corner. In the process you will be giving him enough rope to hang himself.

2007-05-19 21:02:03 · answer #4 · answered by flateach33 3 · 1 0

The big question is are "you" worthy to keep them? So he was abusive. I was labeled that from my ex until the judge made her give examples. So, she dove into the "mental abuse" garbage that no one can disprove but still it destroys the character of the person being blamed. Lucky for me the judge was a man of character and demanded at least an example. None was possible without lying, and even she was not that stupid. I got custody of my kids because I was the best choice! I'm not saying all women are evil. I know better. But I want you to know that judges don't get where they are for being ignorant. If you were equally abusive then prepare for the worst. It "will" come out!

2007-05-19 20:54:56 · answer #5 · answered by delux_version 7 · 0 1

unless you also have a history of violence, drugs, alcohol, child abuse/neglect. No judge would give a man full custody.

I have been through court many times, with my sons father, and he has never won. He was also seeking full custody.

he lost, see's our son less, than I was allowing, and was ordered to pay more money for child support!

Stay strong, hire a lawyer, or go down to the court house yourself and ask to speak to someone, that can give advice. Most courts have a place like that, and it is free.
I would not worry about it, good luck to you~

2007-05-19 21:27:04 · answer #6 · answered by lady luck 6 · 1 0

I wouldn't be worried at all. You have to be real messed up for a judge to take a kid from his mother.... with that being said make sure you have your stuff together, clean home, food, clean kids, etc. Your ex husband is probably just talkin' if he is doing the things you said to you, he sounds like the type that wouldn't even pursue this anyway~he's simply trying to scare you into thinking he is more man than he really is...ya know?

2007-05-19 20:50:32 · answer #7 · answered by BossLady 4 · 1 0

Ask him if you could both have joint-custody of your son. Why is he insisting on sole custody? He will need help raising your son. Tell him about the positives of your son spending time with both of you, because your son needs both his parents.

2007-05-19 20:48:23 · answer #8 · answered by WE 5 · 0 0

I wouldn't be worried hon. As long as that is all on his record then I highly doubt any judge would grant him sole custody!

2007-05-19 21:01:27 · answer #9 · answered by Torey♥ 5 · 1 0

Don't be worried. He probably won't get sole custody, unless he can prove that you absolutely should not have custody, its not likely that he will get sole custody.

2007-05-19 20:51:41 · answer #10 · answered by New Moon Daughter 6 · 1 0

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