My daughter is 2 1/2 and has not been away from me even a day since she was born. Her father is trying to fight me for joint custody even though a) he is a truck driver and works 2 weeks straight, b) lives 4 states away, c) wrote a bad check for the last child support payment I got from him, d) does not have a place of his own, and e) changes girlfriends more than I can count. Since my daughter was born I have had the same job and he has had more than 6. He has a hard time keeping a job and doesn't even have health insurance for her. Is he just trying to get me to believe he still has control of the situation or what? I would like some input about what to expect when we see a judge to settle the divorce and custody. Technically he abandoned us and the house which I am now paying for even though it is in his name. Can I get some help please? Thanks.
2007-10-05 08:23:31 · 11 answers · asked by stella b 3 in Family & Relationships ➔ Marriage & Divorce
In the divorce papers I am asking for full custody and giving him visitation. AND I am still breastfeeding my daughter. No comments about that please! It is between the mother and child how long this relationship goes on and not determined by a research study, people's opinions, cultural practices, etc. Thank you.
2007-10-05 08:27:09 · update #1
The father has not lived in the home for over a year. This is not emotional banter it is PURE TRUTH. I call him twice a week so he can talk to her and I want them to have a relationship. I am only looking for LEGAL ADVICE please.
2007-10-05 11:20:03 · update #2
ok, well, a lawyer would be very helpful here but it's hard for me to believe that they would grant him joint custody if he does not have a home... and definitely report the child support situation. That will look bad for him too
2007-10-05 08:29:50 · answer #1 · answered by LB 6 · 0⤊ 0⤋
I doubt that he will be able to get joint custody and in fact you can probably ask for supervised visitation only since he lives in another state. He is probably just worried about how much support he is going to have to pay when the divorce is final. The house will probably be given to you in the divorce but take all the proof that you have been making the payments on the house and utilities, along with all the other paperwork relative to the house - and the bad check that he wrote - to the court when you go there. go over all of this with your attorney before you get to court and make sure that he understands that you want the house and supervised visits and if for some reason he doesn't want to try for that with you, get a better attorney.
2007-10-05 08:40:22 · answer #2 · answered by Al B 7 · 0⤊ 0⤋
How does he have sole custody of your son. A mom pretty a lot continuously receives residential custody of their newborn. till you're undeserving you should have marched right into a relatives court docket room and ordered your ex to grant your son decrease back 2 months in the past. and provided that you probably did not attempt this and are asking this question as well as nevertheless pondering giving him joint custody after he saved your son from you this is secure to assume both you're not from now on very attracted to being a mom or you've some topics you want to sort placed formerly you would possibly want to be a mom. sturdy success
2016-10-20 05:19:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You should definitely have full custody at least as long as you are breastfeeding and until your ex can prove he is a worthy father.
You should get his child-support deducted from his paycheck; that's how it's done here in Florida, for everyone.
I think given your situation (and document EVERYTHING, like his bouncing check, the amount of time he spends on the road, etc.), the courts shouldn't have any problem awarding you full physical custody and him generous visitation. But only a lawyer can tell you that for sure (although a lot of states have extensive info on divorce statutes on the internet).
Good luck!
2007-10-05 08:34:40 · answer #4 · answered by Bryce 7 · 0⤊ 0⤋
Hm, it took both of you the have a child but only you want full rights to her. Joint custody is equal share but you are not having that. About the house, you can sell it or asking him to release his part of it. If both parent thinks for the best interest of the child the best will come out. If not, the child will be missing out on both parents. Good Luck!
Also, if you don't want folks to comment on something don't put in your dialog.
2007-10-05 08:37:20 · answer #5 · answered by Kaya M 6 · 0⤊ 0⤋
My advice to you is to write everything down. Logically. Leave all the emotional banter out (like the numerous girlfriends). Records the dates he sees her; the dates he says he is going to see her and doesn't; his shakey employment history, his multiple addresses, etc. The more straight forward you are with your case, the more the judge will hear your side of the story. Have a fair plan laid for him being involved in her life. No whining or 'he said, she said' crap. It'll just make you look bad. Good Luck!
2007-10-05 08:44:58 · answer #6 · answered by real_kiss_fan 3 · 0⤊ 0⤋
The fact that he's had different girlfriends doesn't mean anything to a judge, as a matter of fact unless he's abusive he may get joint custody in court.
I wouldn't tell your pediatrician about breastfeeding your kid that's two and a half years old, they will start a psych exam on you and they should...That's WAY too old!
2007-10-05 08:32:11 · answer #7 · answered by Anonymous · 1⤊ 1⤋
From this you will be awarded custody as the primary residential custodian parent and he willbe non resident with visitation rights especially if youre awardedsupport.Now you can get special visitation things added like supervised visits with no overnights, certain visit hoursand places,etc.but you will have to prove to the Judge why you wat them. He willhave to get his support current. The rest will help you out. Dont go into court making him to be a bad parent as the Judges frown upon this and take you as a revengeful spouse but his history will speak miles for him. Good luck
2007-10-05 08:40:47 · answer #8 · answered by Arthur W 7 · 0⤊ 0⤋
He has as much right to fight for joint custody as you do to try and keep him from it. Thing is though you will have to be able to prove all of your alligations in court, just because you TELL the judge your ex's faults doesn't mean your ex is going to be deemed "unfit". You have to show tangible proof.
2007-10-05 09:24:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I don't think your husband will get joint custody for the simple fact that his job doesn't allow it, but I would make sure you have a good attorney during the hearing. That way all your bases are covered.
2007-10-05 08:31:06 · answer #10 · answered by Kathy R 5 · 0⤊ 0⤋