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What chance do I have of getting sole physical and legal custody?

 
 
Reply Mon 3 Jan, 2011 02:41 pm
My ex and I have an 8 month old son. We have split up he wants to share custody. However, he plans to live with his friend who is an alcoholic with no experience around children. His friend has no criminal record, but my ex has a criminal record (dui and assault and battery), he has also been to jail twice, and was a drug addict in the past, who attempted suicide. I have no record, a college degree, and a stable family to help me raise our son...what kind of chance to I have at getting full custody?
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Type: Question • Score: 4 • Views: 4,127 • Replies: 9
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boomerang
 
  1  
Reply Mon 3 Jan, 2011 03:06 pm
@worriedmother,
Was your ex a good father to your son while you were together?

Does your son love him?

If so, why would you want to deprive your son of a father. Kids need fathers even if their parents don't live together anymore.

His past conviction didn't prevent him from becoming a parent so it shouldn't prevent him from being a father. And you fell in love with him despite his criminal history so he can't be all bad. What was he in jail for? That will make a huge difference -- child abuse would prevent him from gaining custody, a pot conviction wouldn't.

Do you think your son would be in danger because of the room mate? The court can probably decide that.

Maybe you can do a shared custody where the son stays in the home and you and your ex rotate out. That's fairest to your kid.
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PUNKEY
 
  2  
Reply Mon 3 Jan, 2011 03:16 pm
With his past, you will probably get sole physical custody - but if he petitions for visitation, then he probably will get it. You can have it monitored, however.

Act first: set up the visitation the way you feel most comfortable. Perhaps at his parents, for instance.

PS He may be a cad but he has the right to see his child.
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worriedmother
 
  1  
Reply Mon 3 Jan, 2011 05:00 pm
Thank you for the replies, I appreciate all point of views on the issue, which allows me to do what is the best for our child and not out of my anger. I have one other question, if I were to set up visitation at a family members house, would I be able to keep my child away from his mother's husband. The husband is currently in prison and will be released later this year. He was convicted of kidnapping a minor and he is on the registered sex offender list. I do not feel comfortable having our son around him when he gets out, how can I make sure our son is not allowed to be in his presence? Has anyone else can across problems like this?
Ragman
 
  1  
Reply Mon 3 Jan, 2011 05:13 pm
@worriedmother,
Can I ask you a question for the sake of clarity? He has a DUI, assault and battery, kidnapping a minor and is a registered sex offender? And he's getting out of prison later this year? How can he be released so soon? Also, considering all of his nefarious activities, how is that you met him to have any relationship, much less conceive a child?
ehBeth
 
  1  
Reply Mon 3 Jan, 2011 05:15 pm
@Ragman,
You're combining the father and the husband of the father's mother.

Stellar family to hook up with Rolling Eyes
Ragman
 
  1  
Reply Mon 3 Jan, 2011 05:17 pm
@ehBeth,
oh! Rolling Eyes Neutral

... but she said that she has "a stable family to help raise her child?" Oh, it's HIS mother's hubby...now I see it!

Thanks for clarifrying! Out of clarifrying, and into the pan!
roger
 
  1  
Reply Mon 3 Jan, 2011 05:25 pm
@Ragman,
Ragman wrote:

Thanks for clarifrying! Out of clarifrying, and into the pan!


Rather well put.
0 Replies
 
ksmom80
 
  0  
Reply Mon 2 May, 2016 09:08 pm
@worriedmother,
depends on how progressive your judge is. please post an update im curious as to your outcome.
Ragman
 
  1  
Reply Tue 3 May, 2016 05:06 am
@ksmom80,
Pls take note that this a 5-yr-old post so if you're intending to help worriedmother, you're a bit late. It's unlikely you'll get a reply back from her as she's been inactive here.
0 Replies
 
 

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