Ask Me Help Desk - Wanting custody of a child.

Wanting custody of a child.

Ok. My son is in the Navy stationed in Jacksonville Florida. He was born in Florida. Married a girl and had a baby who lives in jacksonville Florida. He found out she was cheating on him. She had the man she was with sleeping with her in her mothers house with the baby. We got the baby that morning. She asked for the baby the next day. He let her have her. That night she left the baby at her mothers and went to Georgia to be with the guy she was cheating with. Its been two nights and two days since she left. My son picked up the baby the first morning and has had her since. He will be seeing a lawyer Monday. Today is Sunday. This girl is very unstable and drinks a lot. My son is not an angel. What are his legal rights to get full custody of this child. And prove her unfit. She also tried to commit suicide before they met and also had an abortion right after he married her because she didn't know if it was his child.

Quote:

Originally Posted by mbraham

Ok. My son is in the Navy stationed in Jacksonville Florida. He was born in florida. Married a girl and had a baby who lives in jacksonville florida. He found out she was cheating on him. She had the man she was with sleeping with her in her mothers house with the baby. We got the baby that morning. She asked for the baby the next day. He let her have her. That night she left the baby at her mothers and went to Georgia to be with the guy she was cheating with. Its been two nights and two days since she left. My son picked up the baby the first morning and has had her since. He will be seeing a lawyer Monday. Today is Sunday. This girl is very unstable and drinks a lot. My son is not an angel. What are his legal rights to get full custody of this child. And prove her unfit. She also tried to commit suicide before they met and also had an abortion right after he married her because she didn't know if it was his child.

The abortion has nothing to do with anything legal - it's a legal procedure.

The Court will have to weigh the merits of both parents. The mother has to pretty much be a danger to the child or abandon the child (and that does not include leaving the child with responsible people) to lose custody. Same with the father (your son).

He certain has a right to prove her unfit - question is whether she actually is unfit and only the Court can decide that.

A question might be asked concerning why when he had the child in his care and custody with apparently no custody order, both parents having equal rights, he gave the child back to the mother - particularly when the mother is unstable, drinks "a lot," has attempted suicide in the past - ?

The best your son can do is present himself as a good father, have plans for the child when he's working, prove that the mother is not fit, have your support and back up.

Does the mother even want to care for the child?

How can he deny the mother the child with out sole custody of the child at this point?

Denying mother child.

How can my son deny the mother the child before court order of custody?

Are you saying that he has temporary OR full custody and will not let the son see his mother until court?

Quote:

Originally Posted by mbraham

How can he deny the mother the child with out sole custody of the child at this point?

She has no more rights than he has - the are both the parents of the child. Until a Court says otherwise they are on legal footing. The mother is not automatically entitled to sole custody.

If he withholds the child will she take him to Court for custody? Probably. He's going to take her anyway and I don't see going to Court - no matter who brings the action - as a bad thing.

Neither have custody of the child at this point. Right now he has his daughter and the mother left the state leaving the child in her mothers care. How can he refuse her the child when she gets back with neither of them having sole custody at this point?

He can't it will be all up to the Judge.
She needs to file for custody and the Judge will hear both sides and decide.

So if she wants the child he has to give her to her? Knowing that she will just leave her with her mother so she can go out and drink and sleep around?

Quote:

Originally Posted by mbraham

How can my son deny the mother the child before court order of custody?

When you post the same question twice you get answers on both threads based on half of the information -

These should be combined -

Gotcha... cancel this thread. SORRY.

Quote:

Originally Posted by mbraham

so if she wants the child he has to give her to her? Knowing that she will just leave her with her mother so she can go out and drink and sleep around?

No. Read it over again - they both have EQUAL RIGHTS to the child. I don't know why if he had the child he gave the child BACK to the mother. I never said he has to give the child back to the mother at this time.

He has the same right to keep the child that she has until a Court says otherwise - if a Court does say otherwise.

Whether the mother drinks and sleeps around doesn't matter - it's going to depend on how she treats the child. She didn't abandon the child on a street corner. She left the child with her mother, the child's grandmother.

I have asked that both of your posts be combined.

OK. First off sorry about the second question.

He is going to see a lawyer tomorrow. We didn't think he could refuse her the child.

Is it in his best interest to refuse the mother the child at this point?

I should have said the best interest of the child?

Quote:

Originally Posted by mbraham

I should have said the best interest of the child?

I would do whatever the Attorney - who specializes in this type of situation in Florida - says.

Does the mother want the child back tonight? If your son truly believes the child is in danger I would think he should refuse to turn the child over, stall the mother, until he sees an Attorney tomorrow. Someone must protect this child if the mother is unfit.

Thank You For Your Help. We Will Seek Legal Advise From A Lawyer Tomorrow. You Have Given Us An Idea Of What We Have Ahead Of Us. I Think She Likes The Idea Of A Child But Has Always Said She Is Too Young For A Child. If It Hurts My Son, She Wants Her.

Quote:

Originally Posted by mbraham

Thank You For Your Help. We Will Seek Legal Advise From A Lawyer Tomorrow. You Have Given Us An Idea Of What We Have Ahead Of Us. I Think She Likes The Idea Of A Child But Has Always Said She Is Too Young For A Child. If It Hurts My Son, She Wants Her.

Pleae come back and let us know what happens -

(And, yes, the mother is probably using the child as a pawn)