my byfrnds's exwife lives in ill & has primary custody of their 2yo. the visit. order is written as if he lives a town over & can see her as often as stated. we live in delaware & have seen her 4 times in the past 2 yrs. we have tried to see her several more times than this but mom always says no or renigs after saying ok to a visit.
mom has been evicted out of at least 3 apt's & has moved in & out of her byfrnd's home several times. she also "job hops". she is currently a part time bartender. oh also doesn't have a vehicle to get around in.
she keeps her on/off again bf around (he's verb abussive to her not the child) only bcse he has a vehicle that she can use & for $/daycare help. she doesn't have med ins for the child either.
my bf & i have been together for over 2 yrs, have a stable home, 2 vehs, 3 incomes, med ins & daycare avail.
i know there is no deff. yes or no but with this much info would we be likely to get custody/more visitation if we went to court?
2007-06-30 14:46:10 · 3 answers · asked by nataliexoxo 7 in Family & Relationships ➔ Family
In order to get custody,the father would have to prove that the mother was unfit to care for the child.He's definitely going to have to consult with a good family law lawyer to see what his options are.
When a child's parents are unmarried, the statutes of most states require that the mother be awarded sole physical custody unless the father takes action to be awarded custody. An unwed father often cannot win custody over a mother who is a good parent, but he will usually take priority over other relatives, foster parents, or prospective adoptive parents. However, the father will likely be entitled to visitation rights with the child.
The custody/visitation of the child should have been worked out in the divorce decree better. He could try for joint custody but since he lives in a different state he may want to concentrate on how visitation will be set up and handled. He may be able to get extended visitation time with her on certain holidays and during the summer but he has to talk with a lawyer. Try to find one who offers a free consultation to explain your situation.
Good Luck!!! :)
2007-06-30 15:36:49 · answer #1 · answered by princess M 6 · 0⤊ 0⤋
Simply Yes go to court, and if you think the children are in danger call Protective Services. The childrens home state will be IL. ANd I am surprised that the courts did make your B/F provide insurance for the child reguardless of who has custody.
2007-06-30 21:53:18 · answer #2 · answered by terripoe82 3 · 0⤊ 0⤋
It sounds like you would have a good chance. Why not talk to your lawyer? It would be best for the child to have a stable home. Your chances would be better if the two of you were married.
2007-06-30 21:53:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋