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-   -   Custody battle for the mother (https://www.askmehelpdesk.com/showthread.php?t=226077)

  • Jun 12, 2008, 09:54 AM
    nicosauve
    Custody battle for the mother
    I have a friend who got pregnant almost 4 years ago. The father and her did not get along and so were not together when the baby was born. The father's name was never put on the birth certificate. The father did pay child support. The father stayed out of the child's life for about 2 years until the mother joined the national guard and needed his help in babysitting. About 2 months of the father being back in the daughter's life the mother got orders to be sent to Iraq. While the mother was away training the father decide to fight for full custody and won because the mother was not there. The mother came back from training early and now they have joint custody. The child goes from one house to the other every other day. Is there anything that can be done to try and get the mother full custody again?
  • Jun 12, 2008, 10:45 AM
    ScottGem
    Go back to court. I can't imagine a court thinking an every other day schedule makes sense. I'm assuming they live close enough together that she would be going to the same school. But the discontinuity has to be unnerving for a 4 yr old.
  • Jun 12, 2008, 10:51 AM
    JudyKayTee
    Quote:

    Originally Posted by nicosauve
    I have a friend who got pregnant almost 4 years ago. The father and her did not get along and so were not together when the baby was born. the father's name was never put on the birth certificate. The father did pay child support. The father stayed out of the child's life for about 2 years until the mother joined the national guard and needed his help in babysitting. About 2 months of the father being back in the daughter's life the mother got orders to be sent to Iraq. While the mother was away training the father decide to fight for full custody and won because the mother was not there. The mother came back from training early and now they have joint custody. The child goes from one house to the other every other day. Is there anything that can be done to try and get the mother full custody again?


    She can go back, file a new custody request and see how the Court decides -

    I think the visitation schedule is, well, odd. But I don't know what her argument for full custody can be - she certainly doesn't think he's unfit if she allowed him back in the child's life after 2 years, full-time, when she was in the Military so that's not it.

    Not criticizing your friend but it's a two way street - she needed a babysitter and he stepped in. A babysitter watches the child by schedule; he was the full time parent. Without him what were her plans for child care?

    She can argue that the visitation schedule is difficult for the child but that's different from the custody issue.
  • Jul 5, 2008, 08:03 PM
    Lindalou143
    Quote:

    Originally Posted by nicosauve
    I have a friend who got pregnant almost 4 years ago. The father and her did not get along and so were not together when the baby was born. the father's name was never put on the birth certificate. The father did pay child support. The father stayed out of the child's life for about 2 years until the mother joined the national guard and needed his help in babysitting. About 2 months of the father being back in the daughter's life the mother got orders to be sent to Iraq. While the mother was away training the father decide to fight for full custody and won because the mother was not there. The mother came back from training early and now they have joint custody. The child goes from one house to the other every other day. Is there anything that can be done to try and get the mother full custody again?

    What state are you in? Lawyer
  • Jul 7, 2008, 05:17 AM
    nicosauve
    Pennsylvania
  • Jul 7, 2008, 05:56 AM
    JudyKayTee
    Quote:

    Originally Posted by Lindalou143
    What state are you in? Lawyer


    The procedure would be the same as advised above -

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