Who would get the child in this custody situation?

Question

If a custody dispute occured between two professionals and a 1 year old baby has to be place with one of the parents how do the courts decide?


Mother

RN
Working 3 days week
Raising a 10 year old daughter


History of:

was seen by therapist from the age of 12
for family therapy continued therapy for ten years



Father

Teacher B.A
Full time school teacher


History of:

his family
family in jail for murder(s)
and drug convictions


what normally happens here?

Answer 1

The people who say that the mom almost always gets the kids are living in the past. In every state, the so-called "tender years presumption" was overturned years ago. Today, if the father fights for custody he is presumed to be as capable as the mother. The determination is made purely on what is most in the child's interests.

You don't provide enough information to make that determination. The fact that he has family members in jail is irrelevant as long as he wasn't personally involved.

Answer 2

Here we have 2 parents that seem to be very self absorbed. Both seem to be educated, working professionals that seem to care a lot about their personal goals and ambitions and less about a family unit.
Both have a somewhat checkered past but apparently give this little consideration in their present lives.
My guess is these two people decided to have a child not so much out of love for a family but more as simply another social possession for their own indulgence.

What normally happens here?

I would say that it is a toss up by the courts as to who gets custody of the child.
In either case the child will suffer but my guess would be that the child's welfare is of little or no consequence to either of these individuals.
Given that if the father is of a mild mannered nature and the mother is somewhat aggressive and/or has a dominant personality, in later years the child will grow up to be gay.
Either gay or harboring deep rooted hatred for both parents.....Or both!

I hope this helps!

Answer 3

The answer would be... who ever has the best attorney.

If you want to save money on attorney fees remember to have all questions written down that you want answers to.
The longer you talk the more time it takes.
Some attorneys get paid by 15 min intervals.
Remember they do this for a living and pretty much already know will happen, so ask the attorney.

In some cases like mine it can be settled out of court but with attorneys. In most cases both parents will be able to see the child and spend time together. If you two can agree on joint it would be much cheaper in the long run.

Answer 4

Whom ever can provide for your child. Longest on the job, most prepared educated, stable. I say educated because it takes a certain level of education to be able to articulate to the judge what the circumstances truly are. If you lack communication skills then chances are someone will take advantage. My advice talk it out and work things out before court, the system is so unnecessary. Kids are normally better of with mom unless mom is being neglegible.

chris

Answer 5

SHe will have to get an appt lawyer for the child called a lien.Then it will have to go through phsych evalutation, unless one of the parents refuses to go.They will most likely give him visitation regardless of family status because you would have to prove him un-fit and unstable.ANd because there is no Domestic Violence on hs part..he will have to pay child support but he also gets visitation.Unless the Mother request supervised Visitation.Good Luck .I have fought for 4 years now...and NOW I have sole Physical Legal custody of my twins but i wasnt married to the jerk either.AND ...he refused anything the courts asked.He terminated his rights because the court made him.ALso he was violent.GOOD LUCK in her pursuit but it will be tough seeing as he has good statis.HIstory and jail time in his family has nothing to do with your case.Sorry.

Answer 6

You go by the mental stability of the parent. The family dynamics will not change no matter who gets custody. The courts would look at the home environment of the individual parent.

Answer 7

The judge will make the decision based on what is in the best interest of the child.

Trying to second-guess is fruitless.

Answer 8

Mom almost always gets the kids...and in this case,, it sounds like she will. Every family has some skeletons in the closet, though, and we are only hearing one side of the story.

Answer 9

for the most part, a mom will usually get custody of the children, unless there is something really bad hiding in the mom's closet..=0)

Answer 10

Chicks always win until they get tossed in the pen.

Most the time courts feel sorry for the chicks so...