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is it possible i can get full custody?
01-17-2013, 12:52 PM
Post: #1
is it possible i can get full custody?
So I'm planning to set up a court date to get full custody and child support of my baby daddy/boyfriend. He is in high school, no job, doesn't have a license. He only sees his son on weekends. I saved the texts from him about how he gets his weed and how the times he would ask me to pick up my son early because its either his parents are fighting or his dad is drunk. Then he puts on his twitter how he does weed and had weed.. is it possible o can get full custody?

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01-17-2013, 01:00 PM
Post: #2
 
It's unlikely you won't get full custody.

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01-17-2013, 01:00 PM
Post: #3
 
Makes copies of what you see on twitter and the text he sends.
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01-17-2013, 01:00 PM
Post: #4
 
For all intents and purposes, you already HAVE primary physical custody, you're just making it official by going to court. But if the question is actually whether you can deny him visitation or terminate his parental rights, the answer is no. Not even if he'd been to prison for selling weed. The judge isn't going to care that his parents fight, his dad drinks, and the kid smokes. He also isn't going to be surprised that a high school kid doesn't have a car or a job, and loves at home. That doesn't pose a high enough threat level to keep the baby away from half his natural family.

And even if it did, YOU are the one who decided to have sex with, and bear a child by, a jobless high-school pothead with an alcoholic father, so that would make you an equal danger. Trust me, don't go there. The judge has heard it all before, and babydaddy horror stories aren't going to change anything---the judge will go by the laws in your state, and that's that..

But you'll have no problem at all getting the child support. Either your boyfriend's wages will be garnished once he does have a job (or a welfare check, if he can't find a job), or the amount will just pile up and he'll still owe it to the state. The state will n ot forget that he owes them money.
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01-17-2013, 01:00 PM
Post: #5
 
Document, save, and record everything. Make sure you aren't doing anything you aren't supposed to. If he hasn't been picking the baby up and taking him for visits, don't start allowing it, but do offer for him to come to your home, or to meet him in a public place. You need to show that you are allowing, even encouraging contact between father and child, while looking out for your son's best interest. It would be best to consult an attorney. Yes, it is possible to get sole custody of your son and limited visitation for dad, but ultimately it depends on whether or not you push for it in the courts and whether or not he will participate in the court case and make an effort.

I did get sole custody of my son, and his father only gets supervised visitation (in my presence only). His father is the one who filed the court case, asking for joint/split custody (to get out of child support). Everyone I talked to about it, told me there was no way I'd get sole custody. My attorney even told me that the chances were not good. But, my son's father failed a drug test for marijuana that the judge ordered at my attorney's request. Then he was done. He wouldn't answer discovery, wouldn't meet with the Guardian Ad Litem (that was appointed because of the drug use), then topped it off by not showing up for court.

So yes it is possible, if your son's father isn't willing to make an effort to be part of his child's life. Document everything, save, print, everything. Make sure your life is clean as a whistle. Not just to look good in court, but because you are raising a child and he needs at least one decent parent. Good luck.
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