I am going through a custody battle, since before my son was born I have been separated from his father, his father has never been involved in his life(his choice not mine), his father has all of our marital property except for a car in both our names. My separated husband is now trying to go after joint custody of my son, my son is now 19 months old, he believes he does not need supervised visitation, and says that I have refused to let him see my son. He has never paid support or anything for my son, What are the chances that he will get unsupervised visitation and he also believes he will get everything and even the only vehicle I have. Is that likely as well? Also I am only asking for child support and for him to do a step up supervised visitation plan and for just $3000 dollars, he gets to keep everything and even take the car is that a reasonable offer?

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Originally Posted by deedra

I am going through a custody battle, since before my son was born I have been seperated from his father, his father has never been involved in his life(his choice not mine), his father has all of our marital property except for a car in both our names. My seperated husband is now trying to go after joint custody of my son, my son is now 19 months old, he believes he does not need supervised visitation, and says that I have refused to let him see my son. He has never paid support or anything for my son, What are the chances that he will get unsupervised visitation and he also believes he will get everything and even the only vehicle I have. Is that likely as well? Also I am only asking for child support and for him to do a step up supervised visitation plan and for just $3000 dollars, he gets to keep everything and even take the car is that a reasonable offer?

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I believe he will get joint custody and you will be the custodial parent (the one the child lives with) UNLESS you can PROVE that the father is a danger to the child in some way. Why do you want supervised custody? Is he a danger and can you prove it?

If you filed for child support and he didn't pay it then you go back to Court to hold him in contempt. If you never filed, well, then it's not his fault - should he automatically pay support. Sure, but there are a lot of non-custodial parents out there who won't pay unless ordered to do so.

The laws of your State will govern who gets what - if your ex needs the vehicle to go to work and cannot work without a vehicle you will win nothing because he may very well lose his job if he does not have transportation. The Court may order him to buy out your portion, of course.

Are you legally separated or did one of you simply walk away?

You can ask for just about anything but the Court will make the final decision. What does your Attorney say?

Supervised visitation generally is ordered when the NCP poses a danger to the child. There is nothing in your post that indicates that might be the case.

Generally parents are awarded joint legal custody with one parent awarded primary physical custody and the other gets visitation.

As for what he gets of your marital assets, that depends on your state laws and the reasons for the divorce.

Do you have an attorney? Does he? If you are going against an attorney without legal representation, you stand a good chance of losing.

He does not owe child support unless you have a court order, so he is not behind on anything.

He will get joint custody or at least visits ( not supervised) there is no way you will get supervised visits unless he has proven to be a danger to the child.

As for property division, since it appears you have not even filed yet, the courts may allow each to keep what they took since it would have the appearance each were happy with that.
But it will be up to the courts. He would not keep everything.

If there was a house, you start by asking for everything when you file.

We have been going through a divorce for over a year now. He has another vehicle and I believe he needs to do supervised visits because he does not know my child or anything about him, my child has special medical needs and how is it just to just drop my son off for hours with a total stranger?? That is what his father is. He is a danger to my child because he has never tooken care of him. He lives a partier life and does nothing but lie and sleeps with underage girls and gets away with it along with having molesters around. But he lies about all of it so what do I do? I refuse to let my child go and his father put him in a situation where he could get hurt and that is what will happen to my son if he goes with his father and yes I've filed for child support and he just keeps post poning our hearing dealing with it.

We have been going through a divorce for over a year now. He has another vehicle and I believe he needs to do supervised visits because he does not know my child or anything about him, my child has special medical needs and how is it just to just drop m

We have been going through a divorce for over a year now. He has another vehicle and I believe he needs to do supervised visits because he does not know my child or anything about him, my child has special medical needs and how is it just to just drop m

We have been going through a divorce for over a year now. He has another vehicle and I believe he needs to do supervised visits because he does not know my child or anything about him, my child has special medical needs and how is it just to just drop m

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Originally Posted by deedra

we have been going thru a divorce for over a year now. he has another vehicle and i believe he needs to do supervised visits because he does not know my child or anything about him, my child has special medical needs and how is it just to just drop my son off for hours with a total stranger????? that is what his father is. he is a danger to my child because he has never tooken care of him. he lives a partier life and does nothing but lie and sleeps with underage girls and gets away with it along with having molesters around. but he lies about all of it so what do I do? I refuse to let my child go and his father put him in a situation where he could get hurt and that is what will happen to my son if he goes with his father and yes ive filed for child support and he just keeps post poning our hearing dealing with it.

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Then file for an emergency order and PROVE that the father is unfit. Maybe you'll get supervised visitation ordered, maybe not - at any rate, no one here had any way of knowing that your child is handicapped.

The child is how old and he's STILL able to postpone court hearings for support?

My son is 20 months old. And he's postponed the support hearing over 3 times now. Which they have said he will have to pay back child support from the time I filed for support but he is able to keep postponing the hearing. My son has a GAL but

She will not go and see where my sons father lives and do a thural job at seeing what kind of person he really is and I've tried to get a new gal but they say it is to late.

While of course judges and courts are hard to predict. My guess at best he would be ordered to a parenting class, training in what the disability of the child is, if there is special health training, and perhaps some level of supervision for a month or until he proves he can care for the child.

You will have to prove to the judge he does not have the ability without training to care for the child

First, please do not use the Comment feature to post follow up. Use the Answer This Question options. The comment is only for rating an answer.

I doubt if a court will accept the stranger argument for supervised visits. But they might accept the special needs argument, at least until he can prove he can handle those needs.

A lot of your argument is based on emotion. You claim he commits statutory rape, yet he apparently hasn't been prosecuted for it. If proof exists, then why hasn't he been prosecuted? What you have to understand is courts will only accept concrete proof of your claims. If you try just giving them hearsay, they will not look kindly at you.

You didn't answer whether you have an attorney or not.