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Home > Law > Family Law   »   Obtaining custody from mother

 
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Old Jun 14, 2008, 10:45 AM
msir
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Obtaining custody from mother

I ama father of 2 The first child is 9 yrs old and lives in NC. Ihave no relationship with that child since 4 yrs ago. I have visitation and CS but at this point I have chosen not to have a relationship with that child. (Currently, the court is not aware of this) The second child is 15 months, by a differnt woman, and is in md. I am am originally from FL but currently reside in DC. I have no family here. Prior to my return to fl, I got a girlfrend pregnant with the 2nd child. We broke up before the birth. She filed for custody immediately afer the child was born. I didnt respond until after a default order was approved and I got it vacated. Mom said I was trying to prolong the case. I was unemployed before and after the child was born because I was a fulltme student living off of VA benefits and a school stipend. (At the first hearing, the court was aware I was unemployed because of school and master was not very happy about that) I did not get to see the child (since brith) until court visitation in January when child was 10 months old. Temp order has me paying support and visiting child every other weekend, which I have done both. Last year I met a new girlfriend and we have been living together since. I graduated school in May and recently got a job. Up until now, girlfriend has been supporting me. I would like to get full custody of the child with mom paying child support. Mom is currently employed, has a house. Makes more than me. This is her hometown so all of her family is here. child has been living with her snce birth. we were never married. Child is still young. I am not a criminal, no history of abuse. I want to know my chances of getting full custody based on the merits of our history.

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Old Jun 16, 2008, 11:28 AM   #31  
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Well the first thing is to n ot make accusations you can't prove. You "just know" she was taking fertility treatments? Unless you have proof you don't "know" anything.

And yes it sounds like you botched everything from the get go. So, the only way around that is to build up the trust of the court. Tell the judge you understand you botched it and that you have to pay the price of doing so. So you'll accept whatever custody/visitation the court gives you and use it to show how good a father you can be. Ask only that they set it up to revisit the case in a year or so.
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Old Jun 16, 2008, 11:50 AM   #32  
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Quote:
Originally Posted by ScottGem
Well the first thing is to n ot make accusations you can't prove. You "just know" she was taking fertility treatments? Unless you have proof you don't "know" anything.

And yes it sounds like you botched everything from the get go. So, the only way around that is to build up the trust of the court. Tell the judge you understand you botched it and that you have to pay the price of doing so. So you'll accept whatever custody/visitation the court gives you and use it to show how good a father you can be. Ask only that they set it up to revisit the case in a year or so.

I saw a business card and pretty much assumed. I asked her about it and she said she was just seeing an ob/gyn and they were just testing her blood to see if her hormones were in balance. She did express to me her desire to have a child and I told her I didnt want one at this time. We did dontinue a sexual relationship and she got pregnant, but I just suspect that it was something that the clinic did. She welcomed me to look into the records. She said all that took place was a few blood tests and an x-ray, but I dont believe her. Now here I am with another mouth to feed and its not my fault. I want to know want the court will do if I can prove that she got pregnant on purpose this way.
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Old Jun 16, 2008, 12:22 PM   #33  
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Quote:
Originally Posted by msir
I saw a business card and pretty much assumed. I asked her about it and she said she was just seeing an ob/gyn and they were just testing her blood to see if her hormones were in balance. She did express to me her desire to have a child and I told her I didnt want one at this time. We did dontinue a sexual relationship and she got pregnant, but I just suspect that it was something that the clinic did. She welcomed me to look into the records. She said all that took place was a few blood tests and an x-ray, but I dont believe her. Now here I am with another mouth to feed and its not my fault. I want to know want the court will do if I can prove that she got pregnant on purpose this way.
You really have to be kidding. You KNEW that she had gone to such a clinic, she discussed having a child and you continued to have unprotected sex with her and its not your fault??? Give me a break here. Sex Education 101, it takes an egg AND a sperm to fertilize it to have a baby.

Boy you are really digging yourself in deeper and deeper:

Quote:
Now here I am with another mouth to feed
Its all about money with you isn't it. Everytime you sit down out your keyboard, it comes out.

Even if you can prove (and you would need to subpeona the clinic's records) that she took fertility meds and didn't tell you, the court is not likely to do anything to her.
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Old Jun 16, 2008, 12:53 PM   #34  
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Quote:
Originally Posted by ScottGem
You really have to be kidding. You KNEW that she had gone to such a clinic, she discussed having a child and you continued to have unprotected sex with her and its not your fault??? Give me a break here. Sex Education 101, it takes an egg AND a sperm to fertilize it to have a baby.

Boy you are really digging yourself in deeper and deeper:



Its all about money with you isn't it. Everytime you sit down out your keyboard, it comes out.

Even if you can prove (and you would need to subpeona the clinic's records) that she took fertility meds and didn't tell you, the court is not likely to do anything to her.
forget about the money. I will pay whatver the court asks. What about spending more time with my child. How can I go to court and show them I deserve as much time with him as the mother.
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Old Jun 16, 2008, 01:01 PM   #35  
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Quote:
Originally Posted by msir
forget about the money. I will pay whatver the court asks. What about spending more time with my child. How can I go to court and show them I deserve as much time with him as the mother.


What you say (type) when making your case and what shows through the rest of the time are two different things - you are the one who keeps bringing up support and the money.

You work for the Feds? Are you supposed to be working now? Easy enough to find out.

Once again - you take your proof of what a good person and capable parent you are - in all ways - to Court; she takes hers. The Judge reviews the situation, asks a few questions, takes some sworn testimony, may appoint a guardian ad litem for the child, maybe requires a few visits with a Social Worker, makes a decision.
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Old Jun 16, 2008, 07:25 PM   #36  
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And I will say that one thing that will impress the court with your change of heart and realization that being a father is important is taking responsibility for your older child. Find here, start paying child support again, be a part of her life. Or what will you tell her if she hunts you down when she's an adult? No, you didn't love her as much as you did your son?

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ScottGem agrees: Very good point
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