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father fighting for custody wants to know what to expect and how to prepare for court
I have served my childs mother with a custody hearing, and I myself have taken some measures to provide for the case such as tape recordings of her and the threats she made while she was pregnant about killing her self, taking a bottle of pills, then there are some stating that "This is my baby, get it mine!!, also by my request after she had the baby I asked that they do a drug test, not knowing that they already had, well it came back positive, then temporary custody was given to her sister while she took parenting classes, then when she got the baby back she claimed that she didn't have to let me see the baby that she was doing it to be nice,the story goes on but I payed for a paternity test to prove I am the father and I payed filing fee for the custody I pay child support even without seeing the baby as much as I want she won't let me take the baby by myself, all I want is the baby to be safe and in a stable home. I am drug free, I am responsible and I want very much to be the best father to my daughter can anyone give me some insight as to what I might be facing in court would be much appreciated.
It's good to see that your concern for your child's well being. Some men will walk away from their parenting responsibility, but it seems that you love your daughter and your willing to fight for her. What you should do is hire an attorney. Your going to need legal help if she isn't allowing you to see your child. Your paying child support, therefore, you have the right to file for visitation rights. People who pay child support are granted visitation to see their kids. If you have proof that the mother is unfit or incompetent, then the judge should grant you custody of your baby. Good luck.
Hi,
Getting custody for a father, in most states, has about as much success as sailing a 10 ft sailboat in a hurricane....very slim chance; unless there is complete devastating evidence against the mother.
You do have a chance though, but not much by yourself. Get a lawyer.
A lawyer, experienced in custody cases, can tell you if you have a chance, how much the cost, and can handle it for you.
I am not a Professional, but simply speaking from a few experiences with the court. If you do not have a lawyer you will be expected to know all the laws and court rules which apply to your case as if you were a lawyer. If she has a lawyer, you won't have a chance.
I do wish you the best of luck.
Fredg is right it is unfortuantly true that its harder for men to get custody. i hope and pray that the judge isnt an idiot and realizes that hes putting the child in danger if he lets the mother have it. get all the evidence you can together. your in for a rough ride. my father went through the same thing and if he hadnt fought for us my brother and i would probably be dead now. i wish you good luck and prayers that you get your child.
Custody hearings are tricky! It is really hard to establish a mother is unfit. It's good that you have records that the baby tested positive for drugs. Did social services place the child with her sister? If so did you not go to the temporary removal hearing? A father has more rights to a child than grandparents or an aunt. If social services is involved volunteer to submit to a custody/home study. In the mean time your attorney needs to file a motion for visitation. A judge will be hesitant to give you your daughter if you have no bond.
I have served my childs mother with a custody hearing, and I myself have taken some measures to provide for the case such as tape recordings of her and the threats she made while she was pregnant about killing her self, taking a bottle of pills, then there are some stating that "This is my baby, get it mine!!, also by my request after she had the baby I asked that they do a drug test, not knowing that they already had, well it came back positive, then temporary custody was given to her sister while she took parenting classes, then when she got the baby back she claimed that she didn't have to let me see the baby that she was doing it to be nice,the story goes on but I payed for a paternity test to prove I am the father and I payed filing fee for the custody I pay child support even without seeing the baby as much as I want she won't let me take the baby by myself, all I want is the baby to be safe and in a stable home. I am drug free, I am responsible and I want very much to be the best father to my daughter can anyone give me some insight as to what I might be facing in court would be much appreciated.
The one thing you can keep and still give up...is your "WORD".
Stucki6, the judicial system favors the mother in most custody cases. However, there are men who have been granted custody of their kids, so don't give up. I strongly recommend you obtain the services of a attorney experienced in custody cases to advise you of your options and the best way to proceed with your case. The attorney must convince the judge that custody be given to you based on the child's best interest. Since your financially taking care of your child and you've showed that your a responsible father, there's a chance that you will get joint custody. If the judge does award you joint custody of your daughter, (take it). You will atleast have a chance to be in your daughter's life and watch her grow up. I wish you all the best.
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