Don't courts prefer the mother in custoy battles?

Question

My husband told me he's planning on filing for divorce after I decked him the other day and he found out I'm in love with someone else, which I don't understand why he's so angry about we have been seperated for a month because of his constant going out with his friends to bars and strip clubs until all hours of the night. But anyway he said he's going to try for full custody of Ava! I don't think that's right and plus don't the courts prefer the mother anyway? Plus it will be better off since he works 12 hours a day and I just work part time, so I'll have more time with her. I want full custody and I only want him to have supervised visitation because my new guy really likes her and i don't want my daughter to be confused.

Answer 1

I was with you, up until the end.
Your daughter should not be "confused" because your husband is her "father" and no boyfriend can take that place.
It's great that he likes your daughter, but he's NOT HER FATHER.
And as much as you don't like your husband, don't take that away from her. You'll regret it as she gets older. And she'll resent "you" for it as she grows up.
If your husband is a good father to your daughter, don't interfere with that.

Now, on to the other part.
Yes, courts usually side with the Mother, unless she is "proven" to be an "unfit" Mother. Which is usually hard to do, unless she is an unfit Mother in which it's simple to prove.
Anyway, he can threaten you as much as he wants, but you'll have primary custody of your daughter.
Although he may win at having her half of the time.
When you are going through court against your husband, don't think about him and how much you resent him....don't think about what "you" want...think about what's best for your daughter.
If you do, it will pay off in the long run.

Good luck :)

Answer 2

NO, courts don't prefer women in a child custody battle.

The courts try and decide it by each of the parents conduct.
So what if he works 12 hours a day........that makes him seem like a good care giver, if he's seeing she get's good care.

YOU HAVE NO RIGHT confuseing your daughter and your last sentence says you are and WILL!! Your daughter has a right to her own father. UNLESS he has abused her, you can't make it that he has visitation just because YOU want YOUR new man to have time with her. HE ISN'T the one with RIGHTS here, the FATHER DOES!

You have a lot of growing up to do being a mom, I'll tell you that right now, even though you don't care to hear it!!

Your also showing everyone that your ONE MONTH seperation has done nothing but make you go dig up a new man so fast, instead of trying to work on your marriage.
Hell, next month you'll probably have another guy that really likes your daughter!!
BETTER BE CAREFUL ON ALL THESE MEN WHO SEEM TO LIKE YOUR DAUGHTER!! THEY COULD BE PEDOFILES!!

Answer 3

I am a separated guy with one daughter.I have been through the court battles and everything.Why would you want your ex to have supervised visits????? You will be the one confusing your daughter by giving your ex supervised visits.He is her father like it or not and that is rude of you to try and keep your daughter from your ex.Just because you don't like him does not mean that he should be punished with the supervised visits.That is the most humiliating thing someone can do to a parent.Think about how it would make you feel if he were to get custody and made it so you had to have supervised visits.Would you like someone watching you be a parent to your child????My ex tried this with me and I shot her down in court.I have almost got primary residence of my daughter with a few more court dates to go.If your ex gets a good lawyer like I have than he could get custody!!! It does not always go to the mother these days and I am living proof.One thing that you have to remember is that he is her father not your new guy.Don't confuse your girl by taking her dad away from her.....That is just being vindictive.Let him be a father to her.A little girl needs her father in her life....not some flavor of the month.He will be there for her whole life and maybe the new guy won't be.Think about your little girl and not yourself!!!

Answer 4

You both sound like very selfish parents putting your own wants & needs above those of your child. I feel sorry for her. That said, traditionally a court will grant custody to the parent who has been the primary care giver. In your case it sounds like that would be you. He might, however, hold against you your violent tendencies if your husband reported you to the police for hitting him & had a report filed. The rest that you say about your husband would only be considered hearsay & not allowed in the court. On another note, I think you've done a great disservice to your daughter to introduce her to a new "father figure" so soon. You've set a poor example for her. There is no guarantee this guy won't leave & she'll have to go through that hurt of separation all over again.

Answer 5

WHAT ARE YOU ???? LIKE 16????? iF YOU ARE UNFAITHFUL, ITS NOT LOOKING GOOD FOR YOU ALREADY. And NOOO... courts no longer favor one party or the other. They will look Only at who can better provide for the child..............You should get nervous. The more drama you create for your fmily, the worse you look. Running around with anmother man with your child is not the enviroment any child should be subjected to.Not to mention you have assulted your husband.
Also, on what grounds do you think you can request supervised visitation?? Because your new Boyfriend is really nice??? What makes you think that once you leave your husband , he's gunna want to take care of a child? Or you? watch yourself little girl, you're about to make a huge mistake or 5

Answer 6

Im so sorry that your "new guy" really likes your daughter. That dosent mean that HER FATHER dosent have any rights. You sound very selfish. Please remember its not about what you want or your "new guy" of one month. Its always about the child. Thats what the courts will tell you also. My husband has full custody of his 2 daughters and has had for 7yrs. Its not always the mother who gets custody. Its who will look out for the childs best interest. She is not a piece of property. She is a human being.

Answer 7

Whoa......are you serious? If your husband filed assault charges against you..chances are good that he will be granted custody. You cannot arbitrarily demand "supervised" visits unless you can PROVE that he has A) a drug habit B) physically abusive C) Negligent etc. Anything that the courts would deem dangerous to a child's welfare. That said.....your lover is just YOUR lover...........he will NEVER be your kid's father and you are way out of line suggesting such a thing. If your husband is smart....he should be documenting anything you do....ie.. boyfriend spending the night...neglect etc.

Answer 8

yes the courts do perfer the mother if the child is small ..but that is not always the case.. i knew a mother who lost all 3 of her small children.. because she was living with her bf.. and the father filed for custody first...as for wanting supervised visitation .. if he is a good father and not abusive..that would be a mistake .. first of all it is good that your bf likes your daughter.. but she has enough love in her heart for both her father and your bf .. if you to do get married..in her eyes she will have 2 daddys.. one that she knows is her father and one that would be a step parent.. she really wont be confused.. my bf has 2 small children.. his ex kicked him out and a week later moved someone in with her and married him.. the children was 3 and a year and half when that happen.. they know my bf as there father and the other man as their other daddy.. they love both of them..dont try to seperate your child from her father unless he is abusive.. instead try to be friends with him.. you may need him down the road ..dont burn your brigdes..my bf ex did that buy playing games with him and she cant call him for anything.. i did not .. and i can call my ex for help any time. i know in the beging of a divorce or seperation things get rocky.. just bide your time and your ex may come around.. try to think how he may be feeling and put your self in his shoes.. dont take things to personally.. he will threaten.. mainly because he is scared of losing his child..just as you would be if you were him

Answer 9

All right Kate, at least in my state, whoever files first gets to claim the child as theirs. More than likely with the way you two have behaved, neither one of you will get full custody. You'll get joint, which means he gets her half the time and you get her half the time. If you go telling that judge that your new boyfriend wants to spend time with your daughter and all this other stuff, you might find yourself with less time than you'd originally planned. My goodness. What a selfish generation we've raised!

Answer 10

You have been separated for a month & already in love with someone else, & want to introduce your child to this person? But to answer your ? Who would of thought that K-Fed would make a better parent then Britney. What has the world come to? When some people actully put their own happniess over their kids.