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-   -   Getting sole custody (https://www.askmehelpdesk.com/showthread.php?t=305882)

  • Jan 19, 2009, 02:38 PM
    tjlj213
    Getting sole custody
    I am a father of a 8 yr old son. My son has lived with me since me and his mom spilt up. We were not married. I tried being nice and let her see him when she wanted. The problem is she never came around- at least not much. She will call and say she coming to see him and then not show up. She has 2 other children from different fathers. She told my mom she tried to kill herself. Her oldest son tried to hurt my son but choking him. I don't think my son is safe with her at all. I want her out and he has also told me that he never wants to see her again because of how much she has hurt him. She has had several problems with fights and such. I don't know if there is proof on the suicide. I want to know how much an attorney can get from like police records and hospital records. Could an attorney find the record of her attempt of suicide if she went to the hospital for that? Same with the police files on her fights? What if she admits to the suicide attempt or if I can get a witness to tell the story. IS this enough for my son not to have to worry about seeing his mom again? ALso if she signs away her rights can my current wife adopt my son?
  • Jan 19, 2009, 02:42 PM
    JudyKayTee
    Quote:

    Originally Posted by tjlj213 View Post
    I am a father of a 8 yr old son. My son has lived with me since me and his mom spilt up. We were not married. I tried being nice and let her see him when she wanted. The problem is she never came around- at least not much. She will call and say she coming to see him and then not show up. She has 2 other children from different fathers. She told my mom she tried to kill herself. Her oldest son tried to hurt my son but choking him. I dont think my son is safe with her at all. I want her out and he has also told me that he never wants to see her again because of how much she has hurt him. She has had several problems with fights and such. I don't know if there is proof on the suicide. I want to know how much an attorney can get from like police records and hospital records. Could an attorney find the record of her attempt of suicide if she went to the hospital for that? Same with the police files on her fights? What if she admits to the suicide attempt or if I can get a witness to tell the story. IS this enough for my son not to have to worry about seeing his mom again? ALso if she signs away her rights can my current wife adopt my son?



    If your "ex" agrees to the adoption using whatever your particular State requires and you are in a stable marriage and meet the criteria, yes, your wife can adopt the child.

    If you want legal sole custody you need to file with the Court - request sole custody and supervised visitation and present your proof. Her behavior has to be a danger to your child, not to her, not to her other children.

    You never know what a Court is going to decide. The best you can do is be as prepared as you can, subpoena whatever records you can locate and request a psych evaluation. You and your wife and your "ex" and your child (and possibly the other children of your "ex") and the Court will make its decision.

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