I am seriously thinking of going for custody of my two kids. Reason being is I am fed up with the visitation issues and stuff that my ex is pulling on me. What does a man all have to go through to gain custody of his kids and how long does this process take?
2007-08-10 06:55:04 · 9 answers · asked by Lonewolf 3 in Family & Relationships ➔ Other - Family & Relationships
lone - the only way you will be able to change custody is if there is something going on in the mother's home that is putting the children in harm's way. If that isn't happening, you will be wasting a lot of money & time. The key legal words here are "significant change in circumstances"
I realize that you are frustrated with visitation issues - but that is not reason to change custody in a court's eyes. A judge will pretty much tell the two of you to seek mediation and/or counseling to work out your issues.
If you want to e-mail me with specifics as to what is going on regarding visitation and what she is "pulling on you" I'd be happy to give you advice on how to deal with it - and maybe resolve the problem- but to file for a change in custody over a power struggle, will just make matters 1000x worse than they already are.
2007-08-10 07:51:01 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
First, you'll need to get an attorney - because if you're wife doesn't want you to get custody you can bet she'll have one!
Second of all, it's going to take more than being tired of visitations to get your children taken away from her. Unless you can prove she's unfit, you don't have too much of a chance. You can however, with the help of your attorney, come up with something you feel is a fair visitation schedule and that can be enforced by the court.
The whole process would depend on how long it takes to get a court date. I'm sure it varies by city, state, etc.
2007-08-10 06:59:54 · answer #2 · answered by reandsmom77 6 · 0⤊ 0⤋
i'm optimistic it may rely on your existence-sort i.e. activity status, abode existence/circumstances. If she is going to ask for baby help then 50/50 custody should not be a issue if each and every of the above are so as. whether she would not ask for it while you're no longer a serial killer that wallows in grime and has no activity then I say you have an extraordinary threat. do no longer enable it get out of hand, even whilst she is proving to be perplexing, women individuals continuously discover strategies to apply that style of stuff against you.
2016-10-14 21:19:26 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You are in all probability undertaking one of the most difficult tasks of your life. Fathers have very little rights, when it comes to custody of their children. This may vary a little depending upon what state that you live in. If you can prove that the mother is immoral, or a drug addict, you might have a slim chance. You will have to prove that you are a person of upstanding morals, do not use drugs or alcohol, can provide for the children, and have someone care for them, while you are away at work. I know that this all sounds negative, but I've gone through this myself, and have many other friends, who have tried and failed.
2007-08-10 07:06:33 · answer #4 · answered by Beau R 7 · 0⤊ 0⤋
Getting sole physical custody is going to be very very hard. Getting joint physical custody is much easier since it is becoming the standard. Talk to your lawyer about this. Her lawyer will probably tell her jump on it since you're likely to get it awarded through the courts. Keep in mind I assumed everything is equal and neither of you can be shown to be a bad parent.
2007-08-10 06:59:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Be prepared to spend thousands of dollars and a helluva lot of time away from your job. I tried to gain custody of my son after my ex moved him out of her house and into her parents house and after spending close to $5000 I still don't have him. The good thing about it is that he is staying with his mother again and I call every single day, sometimes twice, to check and make sure everything is ok. So even though I didn't gain anything from it she now knows that I mean business when it comes to her raising our child.
2007-08-10 07:01:49 · answer #6 · answered by Anonymous · 0⤊ 0⤋
First of all keep track of all activity, is she late bringing the kids, does she cut the visits short. In other words is she complying with the order if not go back to court with your proof. I know it is a hassle but find out what is considered violating the order if she is being late find out when can you call the police for her not complying, they won't arrest her but you will have that report to provide for the courts when determining the modification of the order. It's not that hard but you do have to prove your case... Belive me I have helped my cousin get his son because of her not complying....
2007-08-10 07:03:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
im 13 and my birth mother sadly has full custody of me and my dad wants to fight for me but it'd be pretty damn hard cuz she has full custody. but if you have joined custody it might be a bit easier, but its gonna be pretty hard to do if she's not an unfit parent and it'll take a long time.
2007-08-10 06:59:55 · answer #8 · answered by Anonymous · 0⤊ 0⤋
A lot depends on the state. Is drugs or alcohol an issue?
2007-08-10 07:15:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋