Ask Me Help Desk - Will I be able to keep custody of my daughter?

My daughters father, who my daughter and myself lived with on and off since her birth, is taking me to court for full custody. I am employed, able to provide for myself and my daughter, keep a clean home, keep her engaged in play time whether it be with me or the other children in the neighborhood, I have no type of criminal record, and try to make only decisions that benefit my child.

Her father, while I do believe he loves is daughter, I don't feel he would make the best candidate to make decisions for her. He was a record of domestic violence, only one charge since our daughter was born. Most of his convictions are from before the birth of our daughter, I am unsure if that will impact this case base I have listed them regardless: DUI, possession (at least one), two domestic violence, and shoplifting. Her father does make slightly more than me a year and has the home that we lived in together before we separated this last time (which we paid for in cash, as it was a foreclosure).

How will all off this impact my custody battle? My lawyer assures me that I have nothing to worry about, but I have never experienced any of this before and am very stressed out.

I also would like to mention that I have no family closer than 450 miles away, he lives in the same town as his family. I feel like the support system of that could impact the case.

Quote:

Originally Posted by Bethaburns

My daughters father, who my daughter and my self lived with on and off since her birth, is taking me to court for full custody. I am employed, able to provide for my self and my daughter, keep a clean home, keep her engaged in play time whether it be with me or the other children in the neighborhood, I have no type of criminal record, and try to make only decisions that benefit my child.

Her father, while i do believe he loves is daughter, I don't feel he would make the best candidate to make decisions for her. He was a record of domestic violence, only one charge since our daughter was born. Most of his convictions are from before the birth of our daughter, I am unsure if that will impact this case base i have listed them regardless: DUI, possession (at least one), two domestic violence, and shoplifting. Her father does make slightly more than me a year and has the home that we lived in together before we separated this last time (which we paid for in cash, as it was a foreclosure).

How will all off this impact my custody battle? My lawyer assures me that i have nothing to worry about, but i have never experienced any of this before and am very stressed out.

I also would like to mention that I have no family closer than 450 miles away, he lives in the same town as his family. I feel like the support system of that could impact the case.

Being he is the father... he is entitled to be heard and have a fair shot. Nothing is guaranteed... except the Judge is going to hand down a ruling.

Quote:

Originally Posted by smoothy

Being he is the father...he is entitled to be heard and have a fair shot. Nothing is guaranteed.... except the Judge is going to hand down a ruling.

I do not feel that you answered my question. I understand that he has a right to be heard and am not saying that he shouldn't. I am simply asking if he would actually be granted custody over me.

There is no way to know what a judge will do, Many judges today are giving joint custody. Is there anything in your past? How old is the child ? If older has the child a choice about where they want to live ?

Why is he doing this, Does he have an attorney ?

Quote:

Originally Posted by Fr_Chuck

There is no way to know what a judge will do, Many judges today are giving joint custody. Is there anything in your past? How old is the child ? If older has the child a choice about where they want to live ?

Why is he doing this, ? does he have an attorney ?

My daughter is 3 years old. I have no criminal record, and am a responsible adult. ( I can't imagine things that could be determined as hear say could have an impact in court) I am unsure as to why he is doing this, I feel it has a lot to do with his parents wanting him to and his unwillingness to pay child support, and yes he does have an attorney.

Quote:

Originally Posted by Bethaburns

I do not feel that you answered my question. I understand that he has a right to be heard and am not saying that he shouldn't. I am simply asking if he would actually be granted custody over me.

Well, that's because I can't read Tarot cards, don't have a crystal ball, can't read the future in a pile of chicken guts or a cup of tea leaves... and I don't have visions.

That's because the judge determines this.. and yes its possible he might because his rights are equal to yours... its also possible he won't win..

Quote:

Originally Posted by Bethaburns

I do not feel that you answered my question. I understand that he has a right to be heard and am not saying that he shouldn't. I am simply asking if he would actually be granted custody over me.

You are asking a question that we can't answer. There is no guarantee how a judge will rule.

However, I can say a judge will not generally change custody unless the custodial parent is deemed unfit. That's probably why your attorney feels you have nothing to worry about.