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    mgillette's Avatar
    mgillette Posts: 3, Reputation: 1
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    #1

    Sep 2, 2006, 11:41 AM
    Child custody
    Can any one give me some avice on child custody?I have sole custody now and the mom is taking me back to court and is asking for full custody.she has been court order to see child on wensdays and every other weekends. She has taken our son two time in last 60 days.how do I keep the sole custody?please help if you can.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Sep 2, 2006, 06:38 PM
    A lot depends on what her grounds are for asking for sole custody. What was the reason you got sole custody in the first place? Legally, in order for the judge to rule in her favor, she has to prove, by at least a preponderance of the evidence, that her having sole custody is in the child's best interests.
    jennx1032's Avatar
    jennx1032 Posts: 15, Reputation: 2
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    #3

    Oct 16, 2006, 11:06 AM
    The only way she can get a judge to over rule an order (at least in the state of NY) is to have a change in circumstances. Also if you look up your states statues that may be of some help to you as well.

    Also the fact that she is not seeing the child as in the order given is a good thing on your side. If takes a lot to change a custody order.
    xsoxsimple's Avatar
    xsoxsimple Posts: 1, Reputation: 1
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    #4

    Oct 20, 2006, 10:05 AM
    I am looking into getting child custody and I really don't know where to start?
    jennx1032's Avatar
    jennx1032 Posts: 15, Reputation: 2
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    #5

    Oct 20, 2006, 10:55 AM
    Quote Originally Posted by xsoxsimple
    I am looking into getting child custody and I really dont know where to start?
    Who has the child now?

    You would need to put a petition in for custody, then you will be given a court date. Also in the state of NY the other party has to be served with papers. You can have a party who isn't involved in the case serve the paper. The judge will decide what is best for the child. Mostly these days Joint is what judges like to grant. I have sole custody due to the fact my ex husband failed to appear 8 times. But it is rare at least in the state of NY to get sole custody.

    What are the arrangements between you two right now?
    LUNAGODDESS's Avatar
    LUNAGODDESS Posts: 467, Reputation: 40
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    #6

    Oct 20, 2006, 11:24 AM
    Does you ex work? Is that the reason for her missing visitation... how long have you been separated from your ex?. there is a need to know both sides of issues... many women believe that they are lesser of the woman if they are not rising their child or children... it is not a personal attack against you.. it is something she was trained to believe about herself as a woman... stop thinking that every thing she does is because she wants you back.. she only wants her child(ren) back... what is needed is a more liberal ruling on visitation with the child(ren)... something that will ease her pain that she is no longer the caretaker of her child(ren)... asking to keep the mother out of the child's life is a bad move... nothing you stated proved she is unfit and deserving any contact with the child... hold your angry against the mother... for that anger will soon turn on you...
    jennx1032's Avatar
    jennx1032 Posts: 15, Reputation: 2
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    #7

    Oct 20, 2006, 11:28 AM
    Quote Originally Posted by LUNAGODDESS
    Does you ex work? Is that the reason for her missing visitation...how long have you been separated from your ex?...there is a need to know both sides of issues...many women believe that they are lesser of the woman if they are not rising their child or children...it is not a personal attack against you..it is something she was trained to believe about herself as a woman...stop thinking that every thing she does is because she wants you back..she only wants her child(ren) back...what is needed is a more liberal ruling on visitation with the child(ren)...something that will ease her pain that she is no longer the caretaker of her child(ren)...asking to keep the mother out of the child's life is a bad move...nothing you stated proved she is unfit and deserving any contact with the child...hold your angry against the mother...for that anger will soon turn on you...
    What are you talking about, are we ready the same post?
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