I am dating a guy who just got divorced about three months ago. His wife got custody of his 4 year old son. He is now enrolled in Pre-K and he is in the state where the divorce took place. My boyfriend and his ex were seperated for over a year before their divorce was final. Now that it is final, she is marrying another guy and moving in with him at his parent's house. Would this be a change in circumstance that would make the judge give custody to my boyfriend? She said that she contacted her lawyer and he said that there is no law stating that you cannot remarry and definitely not one stating that you can't live with in-laws. She and my boyfriend lived with his mom for over a year, and her grandmother, and then even with his dad here in Georgia for a little while. So I don't know how it would look on my boyfriend if he did try to get custody. Opinions please.
2007-08-16 11:36:16 · 8 answers · asked by Mommy To Be in April 7 in Politics & Government ➔ Law & Ethics
She has been the primary care-giver since the child was born. He admitted that in court. He has the money to spend on a lawyer and she really doesn't, so if he files then she won't really have any way of stopping it.
2007-08-16 11:49:40 · update #1
The guy she is going to marry has a stable job, no convictions, and my boyfriend knows him. So I dont' think there is anything there either.
2007-08-16 11:53:47 · update #2
She and her son live in Tennessee and we live in Georgia. He could have gotten his son this summer, but he didn't ever contact his lawyer.
2007-08-16 11:58:11 · update #3
We know that she takes excellent care of the child. There is no question about that. He just doesn't see why she would remarry in such a short period.
2007-08-16 12:11:09 · update #4
It sounds to me like your boyfriend is just looking for a way to spite this woman. It is attrocious. Everything you said shows that she is, and knows it, an excellent mother and caregiver to his child. He took no interest in visiting his child over the summer break, but suddenly when Mom is moving on with her life, there's some problem. That's my opinion of the situation morally.
Legally speaking, bearing in mind everything you said about her and him, unless this man she is marrying is a terrible threat to her or the child, the court will not take the child out of her care...and he should not want them to. This fight will only end up hurting that child. What your boyfriend needs to do is learn to get along with his child's mother, and the rest of the people in his child's life. The boy will be much better off that way.
2007-08-16 15:38:36 · answer #1 · answered by missbeans 7 · 2⤊ 0⤋
Why does he want custody? How much caretaking of the child did he do on a day-to-day basis when he was married?
Not much I bet.
But suddenly he wants 100% full custody?
Lots of people think that while they are in the throes of divorce. They want control, they want to get back at their spouse, they want to hurt them by taking away the one thing they know means more than anything to them.
Tell him that unless the woman is deemed an "unfit mother" for some reason that the Court views as serious (not him), the kid will stay right where he is. No need tow aste zillions of dollars on an attorney when he won't get anything out of it.
Best to put that $$ in an account for the kid's college tuition or buy a nice house and set up a room for the kid so when he comes to visit in the summer, he'll have a nice setup.
2007-08-16 11:46:01 · answer #2 · answered by Ms. HeartBeat 2 · 3⤊ 1⤋
I would think that getting remarried and moving in with in-laws would strengthen her case for custody. With a husband, she now has a family, no longer single parent. And more income too. Also the in-laws can help babysitting, so that's even more family support.
2007-08-16 11:48:20 · answer #3 · answered by averagebear 6 · 2⤊ 0⤋
in this form of courting there are particular issues which you will no longer say. (you're might desire to enable the two one in each and every of them paintings this out) I understand why you stated what you stated yet the two his mom or her father ought to have advised her. (you in basic terms extra extra gasoline to her fireplace by ability of doing this) Your boyfriend is going to might desire to guy up and tell her to cease the flaws that she is doing. she won't take any legal rights faraway from everyone. that is for a courtroom to come again to a determination. i could recommend he get legal information. initiate letting her calls circulate to voice mail. (you have got a recording of her ranting and the threats that are made) provide up giving her the attention which you're giving her. do no longer refer to her while the toddlers circulate abode. the two one in each and every of you have a top to three piece. If it is not an emergency (a limb is coming off), cease selecting up the telephone.
2016-10-02 11:43:43 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Getting remarried and moving in with in laws is not reason enough to take take the kids away from the mom.
2007-08-16 11:42:18 · answer #5 · answered by Anonymous · 2⤊ 1⤋
A court wil never ever ever ever ever ever take a child away from its mother unless there is hard proof that the mother is abusing or neglecting the child. Unless you have hard proof that the mother is abusing the child or denying him food or shelter then you might as well not even try.
2007-08-16 11:43:06 · answer #6 · answered by Kristine R 4 · 2⤊ 1⤋
I think that if it could be proven that he could provide a more stable life for his kid the court might consider it. Look into the ex's new husband. see what you can dig up. Hire a private investigator. does he have any felony convictions or anything?
2007-08-16 11:48:21 · answer #7 · answered by hyperhealer3 4 · 0⤊ 2⤋
This is really a good question for a family law attorney.
2007-08-16 11:48:09 · answer #8 · answered by livin the dream 5 · 0⤊ 1⤋