I'm a 17 year old father who is being denied of seeing my 1 year old son because I don't have feelings for my abusive baby's 16 year old mother. I took the steps of filing joint custody for my son. I even took her to mediation for having my son Mon, Wens, Fri 3:30-8:30 (Sometimes she would let him sleep over on fridays) and Sun 9:00-4:00. This schedule lasted a little over 3 weeks. I'm sick of playing games with her. I'm a senior in high school and my school has a daycare in it. I'm going to attend the University of Minnesota next year for business management. I am trying to do a lot to make it work, but she is not helping. Her family is illegal immigrants, and there house is invested with cockroaches. My son has had scabies in that house when he was 4 months. Will any of this help me out in court. I'm actually wishing I have full custody of my son because I don't feel safe with my son's living conditions. What would happen to my son if her family gets deported? I need as much help as I can get. Ask as many questions or opinions as possible.

Well first welcome to being a joint parent, so if they are not following the visit schedule or joint schedule, you keep track and then you take her back to court for being in contempt of the court order.

If the living arragements is haring the child, call social services to report the living conditions. And after that, file for custody to take the child away from mother

1 if she is not following the parenting plan you can hold her in contempt of court
2 do you have proof from the dr. that the living arrangements is causing your son to be sick, if so get all that in documentation and submit it to the courts and to dcyf (soccial services)
3 if you are in fear of them being deported dose that mean to her too?? If so then dcyf may step in however you are the father as long as you can prove that you can provide for him and love him. Then chances are that you will wind up with full custody but you have to follow the steps of the process

{MOD note: Text speak edited, we don't allow text speak here so please use full words and sentences -<>}

The problem here is that as a student, you are hardly in a position to care for the child. So I don't see you getting primary custody. What you can try is to see if your parents can get temporary guardianship. So, if you feel that the mother's home represents unhealthy conditions, you can report it social services and state that your parents are willing to be guardians of the child.

If its just a matter of enforcing visitation, then if she refuses to turn the child over to you you go back to the court and have her cited for contempt.

As for the illegal issue, I would suggest posting a question under the immigration law forum, asking very specifically, how to prevent your child from being deported along with her the mother.

Also may I add that I find it refreshing that you are living up to your responsibilities for the child.

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Originally Posted by ScottGem

The problem here is that as a student, you are hardly in a position to care for the child. So I don't see you getting primary custody. What you can try is to see if your parents can get temporary guardianship. ...

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If the court can be shown that OP has a reasonable plan for taking care of the child (perhaps with his parents helping), I don't see a problem with him being awarded custody.

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Originally Posted by ScottGem

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As for the illegal issue, I would suggest posting a question under the immigration law forum, asking very specifically, how to prevent your child from being deported along with her the mother. ...

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Sure, wouldn't hurt to ask there too. But it seems to be a no-brainer. The child is a U.S. Citizen I assume? (The child would be if born in the U.S.) Simply advise the authorities who are working on deporting the mother that you are the child's father, are pursuing custody, and desire to be notified and given the opportunity to take the child should they deport the mother.

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Originally Posted by AK lawyer

If the court can be shown that OP has a reasonable plan for taking care of the child (perhaps with his parents helping), I don't see a problem with him being awarded custody.

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Possibly, but I still think it's a long shot.

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Originally Posted by AK lawyer

Sure, wouldn't hurt to ask there too. But it seems to be a no-brainer. The child is a U.S. Citizen I assume? (The child would be if born in the U.S.) Simply advise the authorities who are working on deporting the mother that you are the child's father, are pursuing custody, and desire to be notified and given the opportunity to take the child should they deport the mother.

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But how would he know that the mother is subject to deportation? It's possible he might find out about it too late. That's why I suggested asking there to attract one of our immigration experts who might have some suggestions about how to make sure he is informed.