Ask Me Help Desk - Am I fit or unfit?

To begin about a year and a half ago I got in trouble with the law. I got charged with Possession of drugs( differed felony) and possession of pairifinalya (Misdemeanor). At this time my ex. Had custody of my daughter in another town. Well for some reason she lost her place to stay and gave guardianship of my daughter to a one of her family members w/o my consent. Over the past year I have stayed clean, maintained a management position at my job and two bedroom apartment, got finitely stable, and even turned in FAFSA info for collage. My question is does me being on probation make me an unfit father or do you think I have a chance of getting custody of my daughter?

With family court it is always hard to say, all you can do is try, I know a lot worst that get custody.

Has there been any visitation at this point. Are you seeing your child and how much ? Those are things the court will look at also. If you have been away for a long time then the courts maynot order custody until you and your child get acquainted. I know its not easy but try not to rush things and get a good lawyer to help you through the process.

I don't know about where you are at, but in WA the children are most often given back to the parents. This is a difficult one, though. If you had your children taken from you by the state, then it will be more difficult. If your child's other parent got custody because of whatever reason, then you have a better chance. Also, if the other parent was awarded custody, they should be required to turn in to the courts if they are unable to provide for the child any longer. However, the worst that could happen in this case is the judge give you only visitations. If the above charges are your only ones, then I really don't see a problem. Give it a try. Your child has a right to be with you. Good luck, and no matter what happens, continue to fight for your child. Don't give up.

Thank you for the support, to answer accople of questions I am in Montana and yes I was vary much a part of my daughters life before and after this situation.

The aunt that my daughter is with was ordered to set stipulations for my ex. To get my daughter back. These stipulations are from what I know to get on her feet, hold down a job, an apartment, and prove that she can support my daughter. I already meet all these stipulations and my ex. And I are in agreement that my daughter come stay with me. So MY question is what to exspect next, if her aunt is cool about it she will just send her with me right? If not it will be taken to court, and what do you think I should exspect if this happens?

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Originally Posted by nonya

Thank you for the support, to answer accople of questions I am in Montana and yes I was vary much a part of my daughters life before and after this situation.

The aunt that my daughter is with was ordered to set stipulations for my ex. to get my daughter back. These stipulations are from what I know to get on her feet, hold down a job, an appartment, and prove that she can support my daughter. I already meet all these stipulations and my ex. and I are in agreement that my daughter come stay with me. so MY question is what to exspect next, if her aunt is cool about it she will just send her with me right? if not it will be taken to court, and what do you think I should exspect if this happens?

Don't expect nor accept the aunt to just hand over a child that she is responsible for. You must go to court and finalize matters. Now if she cooperates then things will go smoothly but if you're a stranger in your daughters life then expect a different outcome. You can try to talk with the aunt directly just be VERY careful what you say. If you do get your child by way of the aunt then you still need to go to court. So at best she allows the child to go with you and you file papers and get everything rolling. It will be official in no time. Be patient and don't mess this up for yourself or your child and make sure the custody is legal and court approved.

Thanks for that Califdad.