Who will get custody?

Question

I am 17 years old in school and works part time, my son is 8 months old and currently lives with me at my mother's house. The father is 24 and lives in another state 8 hours away, he has a history of drug use and had just recently got out of jail right after my son was born for endangerment to a minor or child, (something like that). He wants to be in his son's life and i had told him he could come see his son ANYTIME he wants, but he claims i'm keeping him from his son because i won't let him come take my son out of state to be with him for a week. What I really want to know is: If i bring him to court for sole custody of my child with vistitation rights do u think i will get it OR is there a chance that he could get joint custody?
Any advise or personal experiences with child custody battles?

I do have a clean record, i never got arrested, im a straight A student and a very good mother!!! :)

Answer 1

he was in jail for endangerment to a child, and you said you'll let him around your child anytime he wants?


but, to answer your question, yes, i think you can get sole custody
.

Answer 2

I would not let the Father take the child over the stateline period. Considering his record, you can get his visitation rights suspended for an indefinate period of time. My thought is this, being that you are only 17 years old., and living with your Mom and if you go to court, to get the Father supervised visitation only, would it be possible that the court give the child to your Mother because you are underage, and still in high school?? I am not a lawyer, and I think it would be good for all concerned to ask a Family Law Attorney. Every state is different, and not doing anything is worse for you, and could fall into his favor only for a time. When his record shows up then it's a different situation. And for the child's sake, you don't want him near your baby....not with a drug and child endangerment charge. Good Luck Sweetie....you do have a problem.

Answer 3

Im not speaking from personal experience as my sons father is not in his life at all...
If he has a record for child endangerment, i think your chances that he wont be able to get joint custody...
an 8 month old shouldnt be travelling out of state without his mother anyway, so the courts will favor you

Answer 4

Okay, I'll tell you what happened to me. I went to court right after I left my son's father. He was abusive to us so I had a legal advantage. You can go to court and ask for LEGAL custody. Don't ask for JOINT custody. Physical and Legal only!

You might not get it. I'd also ask the court for supervised visits but you have to have proof that the father is unfit. It's hard to prove though. Keep track of everything he does. You can ask the courts to make sure the father doesn't leave the state with the child.

If he has a history of violence things may go against him. However, my ex [my son's father] had 15 felonies against him for abusing me and my son. He got off with three months~and that was the three months it took to try and then dismiss the case. You can never tell how the courts will go.

Answer 5

No matter what, you need to get a lawyer (or have your parents get one for you)! Next, keep documents of everything. Start keeping a diary of EVERYTHING that happens, is said, phone calls, conversations, etc. What you write down is admissible in court! You need to keep records of past and present. If you don't think the father is safe to keep your child, then DO NOT let him! Keeping your child safe is your top priority. Basically, since every state's laws are different, you need a good lawyer in order to know what you can and can't do and what you should and shouldn't do. If there are no court papers now that tell you to allow visits for the child's father, then you don't have to. If you do file for sole custody, and if you have documentation of the father's drug abuse (write down past events that you have wittnessed, etc), and if he has a past history of child endagerment, then you have a good chance of keeping him out of your child's life. Please, keep your child safe, and get a lawyer :)

Answer 6

My cousin is going through this a little bit. If you go to court, the visitations will be monitored and he cannot take the baby out of state. I think when the baby is 18 months old, then he can take your son overnight, but I'm not sure if he can take him out of the state. I would go to court and because of his past, make sure he can't do anything with your son without your permission. Good luck!

Answer 7

From the info that you have provided you should retain primary custody, and get child support, but there is no way the court will order that the father have no contact with the child. But due to their young age it is very unlikely that they will allow long visits with the Father until the child is older.

Answer 8

I think you should talk to a lawyer about it. You are so young. =( That's not gonna be helpful. Maybe wait another year until you're at least 18. I think you will get custody though. You have a clean record right? Or did you fail to inform us about your life? I don't think the father will be a good one. =/ Don't let your son see him if possible......

Answer 9

With a history of drug use and the fact that he just got out of jail, you will get sole custody.

Answer 10

If you have proof that he is a danger for your son, you can show it to the judge and they'll probably give you custody. There needs to be proof that your son will not be in good hands if he's w/the father. Speak to a lawyer.