The mother of my two children has had 4 visits with our two daughters in 3 and half yrs. Now she demands to b given shared custody,pay no child support,and let her have visitation every other weekend.The children r 4yrs. and 3yrs.The 3yr. old doesn't even know her. This MOTHER refuses to communicate and cooperate.i.e. I have no knowledge of her job,living conditions and why she's been out of there lives other than she has had life threatening illness's and been extremely busy and she did not need to "explain herself" to me.
I am currently awaiting a court date to get sole legal custody.Is it wrong to ask for "physical signs of commitment " meaning supervised visitations with the mother being financially responsable and child support ?Also,what are the odds of success without an attorney?I only want whats best for my girls.
2007-12-31 04:05:04 · 3 answers · asked by parkerp56 1 in Politics & Government ➔ Law & Ethics
File a case of prohibition against the mother for custody rights of the children if she is not entitled.
2007-12-31 04:10:43 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
You will probably not get full legal and physical custody of your girls. It is each parents constitutional right to parent their children. If she has had unsupervised visitation in the past I believe it would be unlikely that she would NOW get supervised visitation. Visitation and child support are two separate issues and the court usually doesn't care whether a parent is paying child support but believes a parent should be allowed to be a part of the child's life, regardless of their financial circumstances.
2007-12-31 12:57:45 · answer #2 · answered by lahockeyg 5 · 0⤊ 0⤋
As the mother of the children she has the same rights as you. If she was battling a serious medical issue it is likely the court will understand her lack of visitation. She has very little obligation to communicate or cooperate with you or to explain herself to you.
To get her excluded from visitation or joint custody you will have to show that what she is requesting would be detrimental to the children.
She has the fact that excluding a parent from the lives of a child is normally considered detrimental to the child and the fact that courts normally provide for regular visitation.
You really need to get a lawyer if you don't have one. If you believe that her spending time with the children would be detrimental to the children you need to gather evidence that supports your belief.
Odds without a lawyer? Slim.
2007-12-31 12:23:49 · answer #3 · answered by davidmi711 7 · 3⤊ 0⤋