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-   -   Can I get Full custody? (https://www.askmehelpdesk.com/showthread.php?t=195276)

  • Mar 16, 2008, 02:07 PM
    Krystina1987
    Can I get Full custody?
    Okay first I will say me and my boyfriend are not married and haven't been married. Well my boyfriend is going for joint custody and I want to go for Full custody. And I was wondering what are the odds that I will win full custody. PLEASE REPOND!!
  • Mar 16, 2008, 02:20 PM
    N0help4u
    You would have to prove he is unfit and that can be hard because you would have to have a good bit of proof to back it up. If there is any chance that he is not the dad you can say you want a paternity test. Other than that all you can do is tell him you are going to file for child support and see you in court and let the Judge sort it all out.
  • Mar 16, 2008, 02:31 PM
    ScottGem
    I would say your odds are not very good. But you also need to understand what custody means. There are two types of custody, legal and physical. Legal custody has to do with the parent having a say in how the child is raised. If the father wants to be part of the child's life and isn't a danger to the child, then I see no reason he wouldn't get joint legal custody.

    Physical custody refers to who the child will live with. There you have a much stronger case. While he will probably get some visitation, you should retain full physical custody.
  • Mar 16, 2008, 02:33 PM
    Krystina1987
    Doesn't the mother get Joint Physical Custody no matter what.. But she can give some of it to the father only if she wants?
  • Mar 16, 2008, 02:37 PM
    N0help4u
    Joint custody is referred more to the parent that does not have the main custody.
    Like if he files for joint custody the child would live with you and he would be awarded weekends, holidays, however the Judge splits it. You two can work out a plan together and present it to the Judge. He would also have a say in medical and school things and whatever.
    You would have to inform him on things such as school events, doctors appts, etc...
  • Mar 16, 2008, 02:44 PM
    Krystina1987
    Like what do I have to prove to get Full Custody. So far I don't know if this helps but I have like the house where he lives which is his parents is unfit not clean, dirty, and there's smoking which is bad for a infant, and once he was admitted for saying that he was going to kill himself and I have that he is biapolar... im trying to think if any of that will help...
  • Mar 16, 2008, 02:45 PM
    N0help4u
    All you can do is document all your concerns and maybe mention in court that you want Child Protective Services to check the house to see if they feel it is fit or unfit. Usually the parent has to have some really serious issues though.
  • Mar 16, 2008, 02:56 PM
    ScottGem
    Quote:

    Originally Posted by Krystina1987
    Doesnt the mother get Joint Physical Custody no matter what..But she can give some of it to the father only if she wants?

    Generally the mother is awarded Physical Custody. In the absence of a court petition its assumed that the mother will have physical custody. But the father is certainly entitled to petition for joint custody and for visitation. If you can prove the home environment is unsafe, you may be able to limit him to supervised visitation.
  • Mar 16, 2008, 04:05 PM
    Fr_Chuck
    Ok, first it is not for the mother to "give" anything to the father, it is the judge who decides, often against the wishes of the mother,
    And the mother does not always just get the child, if the mother is a crack head living on the street no, she does not, and if the father proves the mother unfit, he can get full custody away from the mother.
    So while normally the mother gets at least joint custody, there is no for sure after that.
  • Mar 16, 2008, 04:07 PM
    Krystina1987
    And what would he have to prove that I am unfit? I don't do drugs or anything bad
  • Mar 16, 2008, 04:11 PM
    N0help4u
    You should be fine you HAVE had full custody with no problems.
    You say he wants joint custody the best thing you can do is cooperate and work out an agreement with him and file for child support if you aren't getting it. Tell the Judge your concerns and the Judge will most likely rule you as physical custody and him joint custody with possible provisions like getting the house clean or whatever.
    If he tried to claim you as unfit the Judge would most likely see straight through that.

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