So I have full physical and sole custody of my 16 month old son. His father (who failed to appear for mediation and the court date) is now threatening to overturn the judgement!! Giving himself full and sole custody and allowing me supervised visits!!! Along with moveing out of state (CA). I may not be super mom, but he is never hungry, dirty, unattented, in an unsafe enviornment, and more than anything LOVED!! I guess my question is what if any reprocautions he can seek on reversal of custody in to his favor?
2007-07-14 12:26:48 · 7 answers · asked by C_U_L8R 1 in Family & Relationships ➔ Marriage & Divorce
For a judge to reverse the custody, your ex would have to prove that the child is not safe in your care and that he could provide a safe, loving, stable home. Chances are that if he missed mediation and court (mine did the same), the judge will not give his request a second thought. However, he may be able to get more visitation as courts are finally taking notice that fathers can also care for their children. That's something you may just have to live with.
My opinion? Your ex is just blowing smoke to upset you. Continue caring for and loving your son and you should be fine. However, document everything... All verbal and written communications with your ex. Any contact you two have. I prefer two people to get along and only do what is in the best interest of the child but you should always be prepared for slick tactics on his part.
Unfortunately, children tend to take the worst in a separation or divorce of their parents. If you take the high road and always treat your ex with respect and civility, it may pay off for your son (and you).
2007-07-14 12:37:29 · answer #1 · answered by Stacy P 2 · 0⤊ 0⤋
Reverse Judgement
2016-11-07 05:16:56 · answer #2 · answered by ? 4 · 0⤊ 0⤋
First, consult your attorney! And quickly. We can give you opinions but not the law for where you live.
I would think he would have to prove that the reason he wasn't there for mediation was unavoidable, and also prove you were unfit emotionally and financially to have custody. He may be able to get it changed to joint custody or change the visitation arrangements.
Is there anything you and he can work out so that your son can know his father without all the court drama? You do not say what caliber father he is but your son will eventually want to know him and may hold it against you if you block a relationship with his father.
2007-07-14 12:39:12 · answer #3 · answered by dizzkat 7 · 0⤊ 0⤋
I don't understand what you mean by reprocautions, there is no such word. Are you asking if he CAN seek full and sole custody and IF there is a possiblity that he would win. The answer is yes he CAN take you to court for full and sole custody of your child. If he can prove that you are unfit to parent he could win his case. One thing you NEED to do is to make sure he doesn't get out of state with the child. If you are granted visitations YOU need to have a court order prohibiting him from taking the child out of the county where she now resides with you. To do so will land him in jail with kidnapping charges. I think it is sad for the child that the parents are so selfish and self centered that neither one of them are willing to come to a compromise to make life run a smoothly as possibile for the child. The child after all had nothing to do with the split between the parents.
2007-07-14 12:39:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
not an attorney but under the circumstances I dont' think he has a leg to stand on. Why did he not show? They would have to prove that you are unfit in some way. I dont' see anything that would even give them that idea. And did he not show how responsible he is when he did not appear? Worst case he might get visitation. Best case he is just trying to threaten you and make you do s/t that he wants and using the baby as a pawn. Good luck to you. I just hate it when ppl use children. My heart goes out to you
2007-07-14 12:32:14 · answer #5 · answered by seymoretowns 3 · 0⤊ 0⤋
He has to go through the entire process of filing the paper work to go back before the judge. The one thing that is certain with a court is you never know what is going to happen.
2007-07-14 13:04:36 · answer #6 · answered by green_clovers66 3 · 0⤊ 0⤋
I was told it is very hard. You continue to be a great mom and deal with it when and if it happens. He should have been there if he was so concerned but he wasn't.
Let him continue talking crazy and consult an attorney to verify the changes of it being over turned.
You continue to love your baby and yourself and let that fool continue to have his hizzy fit...what an idiot.
Again continue to do your thing. And good luck ; )
2007-07-14 12:35:22 · answer #7 · answered by DJ 3 · 0⤊ 0⤋