My friend's ex is has just filed a petition for sole custody of their 10yr old son. My friend is presently attending nursing school. She had been a full-time mother while married. Her ex has had three jobs since the divorce. He does not stay at one job for very long.
2007-06-21 03:43:01 · 7 answers · asked by d j 1 in Family & Relationships ➔ Marriage & Divorce
It's not likely. Your friend would have to be proven an unfit parent. So he's home during the day and she's not. Big deal! She's in nursing school during the day, and the kid's in school at roughly the same time. She has continuity of care of the child in her favor, as well as trying to further her education to better provide for the child. The ex has a history of being a loser. If you are not leaving out crucial details, he doesn't have a reason in the world for the court to grant him sole custody.
2007-06-21 04:01:18 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I am not sure about the specific state laws where you are located, but most states tend to give custody to the mother if she is a fit one, and visitation to the father. If she has good care set up for the child while she is in school and wants custody, as long as she is a good parent in the eyes of the court, I see no reason why they would give sole custody to the dad.
2007-06-21 03:49:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I don't think he will get SOLE custody...maybe 50-50...your friend will be able to explain her case in front of the judge...I wish her the best of the luck, I have 2 kids and about to go through the same thing...
2007-06-21 03:46:59 · answer #3 · answered by poker_fan_in_nyc 5 · 1⤊ 0⤋
There are so many things that judges take into account when it comes to custody disputes. Laws vary from state to state (US) and Province to Province (Canada). Just because one parent is married and working from home does not mean that custody will automatically be given to that parent.
2007-06-21 03:50:57 · answer #4 · answered by ♥Instantkarma♥♫ 7 · 0⤊ 0⤋
Only if he proves her unfit. But if she is attending school, she doesn't sound unfit I would have your friend look at these website and see if it helps. If all fail call her lawyer. .http://www.custody911.com
2007-06-21 03:49:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You should research what attorneys have said with regards to the issue. The source below has free lawyer responses to analogous questions such as:
(1) "have been divorced for about 10 years, ex has sole custody because i did not want to fight. I pay support, she now wants more. Last increase"
(2) "Do I have a right to know whether or not the father of my daughter is remarried? Alienation frnds/fam. Don"twanttolookbadincourt - Avvo"
(3) "My ex-wife got remarried. Combined they make more than me. Shes taking me back to court. Will I have to pay more? - Avvo"
(4) " to be his caregiver. I make 60k a year. How much more will I have to pay because of this? I am remarried and have another child. My wife also works full time."
(5) ". To make things easier I agreed to joint custody, I was low on funds at the time only being 23 and his biological father being 8 years older"
Further, articles and resources by specialists:
(1) "Types of Divorce Available in Florida - Avvo"
(2) "Colorado Divorce Maintenance & Overtime | LegalZoom: Legal Info"
(3) "What are your Spousal Support options in a Divorce? | legalzoom"
2014-12-19 10:09:14 · answer #6 · answered by ? 1 · 0⤊ 0⤋
I doubt it unless he can prove that the mother is unfit.
2007-06-21 03:46:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋