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Mon 13 Mar, 2006 03:08 pm
Ok, I will start from the beginning... My cousin is 20, her son is 9 months old. The baby's father is 37. Her and the father didn't have much of a connection we will say and never really fell in love.
The baby's father does nothing. He doesn't help with anything, he yells and swears at the kid. He works all day and when he comes home to the run down apartment (and he makes alot of money, you would think someone his age would have some savings and a better place) all he does is watch tv. Doesn't get up when the baby cries, nothing. Just yells and swears and tells him to "shut the f*ck up"
So my cousin met a man, age 21, and they "fell in love", at least that is what they say, but they seem very happy. She has been planning to move to another state with him and get married. Raise a family, the works... So she went to court today to get custody of the baby. The were getting housing on a military base (new man in army) and everything. they would have been all set.
But the court gave the man custody, the man that works all day and does nothing at all. WHY?? I am so confused.
edit: didn't sound right saying he works all day and does nothing at all, I meant nothing for the child... except for bring some money home, which he spends on electronics
Not that much money Phoenix, he is a trash collector.. he makes more than average and over his lifetime he should have accumulated alot of money, but I think my view of a lot of money is different, partially due to my age and the fact that anything over min. wage is alot to me
Who had custody prior to the court hearing?
J_B wrote:Who had custody prior to the court hearing?
They both did.... they were living together
J_B wrote:Who had custody prior to the court hearing?
way too many necessary facts missing, this there a divorce proceeding along with custody?
CL there is probably more to this story that you do not know. Income would be a consideration, but there are many other things a court would take into account. As Phoenix mentioned, the guy might have had a good lawyer and that can go a long way. But why would a guy not interested in raising a child spend big bucks to get custody? It is also a problem whenever a parent wants to move to a new state and take a child away from the other parent. It is possible that if your cousin agreed to stay in the same state as the father she would have a better chance at custody. She is probably going to have to decide between the new boyfriend and her child.
Green Witch wrote:CL there is probably more to this story that you do know. Income would be a consideration, but there are many other things a court would take into account. As Phoenix mentioned, the guy might have had a good lawyer and that can go a long way. But why would a guy not interested in raising a child spend big bucks to get custody? It is also a problem whenever a parent wants to move to a new state and take a child away from the other parent. It is possible that if your cousin agreed to stay in the same state as the father she would have a better chance at custody. She is probably going to have to decide between the new boyfriend and her child.
I kinda figured some of that, but I don't understand why he is fighting for custody and it was a basic hearing at a small court.... it was nothing big at all...
I think the state move played a big part in the judge's decision.
They lived together, she had a new boyfriend, and was planning to leave the state?
Sounds like a fair bit of info's missing - which might have come out in the hearing.
if she had custody, was the parent on the birth certiicate and their was no marriage, she could have simply left the state and gone anywhere with the child, it would then be up to the listed father to determine legal status of custody in civil court. This does not make sense at all.
She was leaving the state, he set a court date because he found out... the were not married....
Crazielady420 wrote:She was leaving the state, he set a court date because he found out... the were not married....
ok, however, this still makes not sense whatsoever.
What doesn't make sense? I am confused now
Two parents - unmarried - one with a source of income.
Both living with the child.
Custody goes to ... <given no other information> ... the parent with an income source.
I suspect there's a lot of information that your cousin hasn't given you, CL. She may not realize it's importance, or perhaps doesn't want to tell you.
Dys, as far as I know- if the father of the child (married or not) wants to make a custody claim he can. I think the problem came about because CL 's cousin wants to leave the state. The law often will side with the parent who stays put in the state where joint custody was first established
Green Witch wrote:Dys, as far as I know- if the father of the child (married or not) wants to make a custody claim he can. I think the problem came about because CL 's cousin wants to leave the state. The law often will side with the parent who stays put in the state where joint custody was first established
not true, the law, as I know it, grants custody to the parent mother UNLESS there is evidence that the mother is unfit (abuse or neglect) relocation to another state is not relevent unless there is a custody issue already before the court, also, income of either parent is not relevent unless there pre-exists a legal concern for the welfare of the child.
dyslexia wrote: not true, the law, as I know it, grants custody to the parent mother UNLESS there is evidence that the mother is unfit (abuse or neglect) relocation to another state is not relevent unless there is a custody issue already before the court, also, income of either parent is not relevent unless there pre-exists a legal concern for the welfare of the child.
Not in MA. In MA the default position is that the parents of a child born outside of a marriage get joint custody. It's up to the people involved to prove to the court that custody should be awarded otherwise.
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