View Full Version : Father getting custody of daughter
fightnNstrugln
Nov 11, 2010, 09:18 PM
Hi... I know it's been years, but I am hoping to know the out come in this case. We are going through this rt now and it terrible. My boyfriend wants his daughter all the time and its heart breaking teeling her she has to go home to her mother. Baby is 3 and wants to stay with us. She never wants to talk to mom on the phone when she's calls (when the child's with us) and literally balls her eyes out when we tell her time to go. Right now we get her a couple days a week and he has to pay a crazy amount in support. Mom doesn't and won't work... who are we REALLY supporting here? So Im hoping I can find info on other father success cases.
ScottGem
Nov 12, 2010, 04:28 AM
First its not a good idea to piggyback your question on someone else's especially an old one. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread. I know you wanted to get the results of that case, but the odds of the OP coming back three years later are slim. Besides which each case is really different.
Second, ANY question on law needs to include your general locale as laws vary by area. And so do court climates.
But the odds of your boyfriend getting primary physical custody are slim. HE would need to prove the mother unfit and there is nothing in your post that indicates that other than the child not wanting to go home. And that does bother me for a 3 yr old. Your boyfriend may have to get her to talk to a therapist, but at three its unlikely they will get much of value.
Remember, by the way, YOU have no legal standing here and you need to back off because any involvement you have will only set the mother off.
AK lawyer
Nov 12, 2010, 07:53 AM
... She ... literally balls her eyes out ...
Poor kid. Not only is she a product of a broken home, but her eyes came out of their sockets. Her face must look strange without eyeballs. :)
this8384
Nov 12, 2010, 08:01 AM
Hi...I kno it's been years, but I am hoping to know the out come in this case. We are going thru this rt now and it terrible. My boyfriend wants his daughter all the time and its heart breaking teeling her she has to go home to her mother. Baby is 3 and wants to stay with us. She never wants to talk to mom on the phone when shes calls (when the childs with us) and literally balls her eyes out when we tell her time to go. Right now we get her a couple days a week and he has to pay a crazy amount in support. mom doesnt and wont work...who r we REALLY supporting here?? So Im hoping I can find info on other father success cases.
Please ignore AK Lawyer's response. He seems to forget the purpose of this site, although he's quick to remind others.
Where are you located? What does the current custody order state regarding physical custody of the child? Has your boyfriend been established as her legal father, either through a court-ordered DNA test or by signing a paternity acknowledgment? How long ago was the current order entered?
You state that he is paying a "crazy" amount of support - how much is his gross income and how much does he pay?
In order for your boyfriend to obtain primary physical custody, he'd have to prove that the child is being either neglected and/or abused while in the mother's care. Her being unemployed doesn't make her an unfit parent. Is there more to the story?