Ask Me Help Desk - Can I Get Custody Now?

Can I Get Custody Now?

My ex-Husband and I split up six years ago, when I was 21. Four years ago, our Divorce was finalized and he got sole-custody of our now 8 year old son. He was more stable and "fit" at that time. Since May of this year, his parents have had our son, per DSS, because his father became "Unfit". I have been trying to get in touch with DSS here in South Carolina since May, and finally got a returned phone call today, after having to go through our State Office. I was told that they don't change Custody, that it's their primary goal to get our son back with his father, since he was the Custodial parent. His father is currently smoking marijuana, drinking, and abusing prescription pills. He is not working, nor in school. Johnathon was taken out of his Father's home and placed with his Grandparent's because the house was not suitable. There was no food in the house, there was a dead cat in his home, and dog feces everywhere, including on Johnathon's bed. I have two other children now, unemployed now, but am currently seeking a degree in teaching, while living with my parents. I have my ex-husband's family that says Johnathon needs to be with me and his Sister's, including my own family that is willing to help me. What are my chances of getting custody of our 8 year old son and what do I do to try and obtain custody of him?

Go the Court that issued the original Order and request for a change in custody. PROVE you are capable and stable and PROVE that your ex-husband is not.

Where is the father of your two other children? You are the custodial parent for them?

No one can predict what a court will do. But if the current custodians support your gaining custody, you stand a good chance.

However, you will have to file for a change in custody with the court that has jurisdiction.

I am from another state but, in my state that is considered a change of circumstances. If you have legal custody, you may want to look in to getting a copy of their discovery (http://www.scdhec.gov/administration/foi/foirules.htm) on behalf of your son with DSS to look at their reports. This can be used as evidence that there was a substantial change in circumstances. A custody evaluator is something to look in to as well. A Custody Evaluator(Excellent resource but expensive) is a specialist that deals with what household will be in the best interested of the child (this includes joint custody if applicable.)
Courts generally do not like changing the status quo however, since it has already been changed, the court may be more willing to consider your case.
Also, if there have been any criminal charges, find the prosecutor of his case and communicate with him in regards to getting the conviction records and having say on the disposition Don't let him take a P.I.A. (Plea In Abeyance) or deferral. This can allow him to conseal his record from the public.
You have to stay on top of this and I would suggest getting a lawyer for S.C. specific laws as the above information are ideas to gain evidence to prove your case.

Custody evaluators are useless and meaningless UNLESS they are Court-appointed.

As far as records - they can be subpoened. Sealed records CAN be opened in a custody case if the info is believed to be important and necessary.

Note that the OP did not return and did not answer pivotal questions.

I did say I was from a different state and here, a custody evaluator is useful. Just an FYI, I have been through this for two years and I am a FATHER with SOLE custody. I am that 10% in the family court. Getting sole custody was much more difficult for me to obtain than a MOther. I did not use those Father's advocates groups either. She did not do what was in our child's best interest which is similar to this question.
Records can be subpoened by a court but, in family court it is usually the responsibility of the requestor to get them.

You will need to get an attorney and file for custody. You lawyer will file it as needed. With Children services involved you will have to have an attorney. Don't expect CPS to do what is "right" or "fair"

Quote:

Originally Posted by fixxxer2

I did say I was from a different state and here, a custody evaluator is useful. Just an FYI, I have been through this for two years and I am a FATHER with SOLE custody. I am that 10% in the family court. Getting sole custody was much more difficult for me to obtain than a MOther. I did not use those Father's advocates groups either. She did not do what was in our child's best interest which is similar to this question.
Records can be subpoened by a court but, in family court it is usually the responsibility of the requestor to get them.

I'm glad things worked out for you but advice on how things work in another State is not useful.

What State are you from?

Quote:

Originally Posted by fixxxer2

I did say I was from a different state and here, a custody evaluator is useful.

I have to agree with what Judy has said. A custody evaluation is useless unless you can get it through the courts. It is really the only way it should be done as it involves many parties.