Hi my husband and I are in a nasty divorce and custody battle right bow. He went behind my back and got an attorney, somewhere along the way he served me with his parenting plan Andrew I failed to respond in time so I had gotten a default order on me. I then retained a good atrrney and fought it. Because the court hearing I went to they gave my husband custody. But still a 50/50 parenting plan. When in all reality our son was in my primary care sense we split up when my son was 15months old and is now 30months old. My attorney had me and 5 other people write up declarations to prove I've had physical custody and to prove he is unfit and not responsible. I also submitted my own proposed parenting plan.and a motion to set aside the default and a motion to drop the temporary order the judge set in place. What are my chances that the judge will approve my proposed parenting plan and give me back custody? My attorney has filed everything she needs in order to set aside default and all evidence showing I have had physical custody. He just got custody cause I failed to appear or reply to his summons
Please help me and let me know my chances. We have court this Friday to find out what's going to happen.

Most likely judge will call for mediation where you and he will sit down and try to work out a compromise. But then it will depend if you can really prove him unfit. That is not easy.

I also have my own apartment and my son has his own room. I take gin to all appointments and I pay for everything financially on my own. My ex lives at home in a small 3bedroom house with total of 6people living there. This is a temporary parenting plan the judge had set in place for us. Also, my son came home with a second degree burn on his abdomen while camping with his father and had no helmet on a quad, also under age drinking was around my son. And he also was not taken to the Dr when he got his burn. It was memorial day weekend. I got my son back on a Monday and I took him straight to emergency department. There has been a lot going on. My ex isn't responsible. He also works full time. I work part time and a boyfriend of a year in a half working full time. I've been primary caretaker.

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Originally Posted by jadene

...When in all reality our son was in my primary care sence we split up ... evidence showing I have had physical custody. ...

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What is the issue here about who had physiclal custody?

And the title of this thread is about "custodial custody". It's redundant. Is there any other kind of custody?

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Originally Posted by AK lawyer

What is the issue here about who had physiclal custody?

And the title of this thread is about "custodial custody". It's redundant. Is there any other kind of custody?

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Yes-according to some of the posters here there is "SOUL custody",too.

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Originally Posted by GV70

Yes-according to some of the posters here there is "SOUL custody",too.

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Yes. But the question of "soul custody" brings up a potentially deep theological discussion.