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    markkel1977's Avatar
    markkel1977 Posts: 1, Reputation: 1
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    #1

    Oct 22, 2007, 12:07 PM
    Getting Custody
    I share custody with my son mother. Lately some kids have been picking at him. He's gotten in a fight at school because of some things. Now he has the same kids that he had a fight with are coming to his house and trying to fight him. I starting to fear for him because kids these days do anything and they are getting guns. He wants to come leave with me but his mother is trying to make it hard and doesn't want that to happen. So I need to know what I have to do in order to get custody of him so that he can come and live with me and my wife.
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Oct 22, 2007, 02:31 PM
    You'll probably have to go to the court and file a petition for custody, and then have a hearing and such with a judge.
    Sands_19's Avatar
    Sands_19 Posts: 5, Reputation: 1
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    #3

    Nov 2, 2007, 07:42 PM
    All right well I'm currently in and have gone through a situation very similart to this except for I'm the kid and not one of the parents but I have learned quite about about how custody courts work... there are going to be a few things that make big differences if you go to court which is going to be the most likely occurrence

    > the state you live in?
    > how old your son is? And does he 100% want to come live with u?
    > the face that you are male... courts consistently rule in favor of moms in custody courts
    > the exact arrangement, do you want full custody? What do you have now?
    > do you live in the same state as your son's mother?

    What you can do to face these is:
    >each state has different ways of handling the specifics but they typically approach custody battles in the same way
    >if your son is 12 or older (at least where I live(DE)) then in court the judge will take him into a room, a court scribe may be there, and a bailiff, they judge will essentially ask him who he wants to live with, if he says you it should be pretty easy for you to gain custody, especially since it sounds like you have credible reasons for wanting it. BUT MAKE SURE YOU HAVE TALKED WITH YOUR KID AND HE AND YOU KNOW WHAT HE IS GOING TO SAY. U won't know what he says to the judge most likely, and if he waivers then it could ruin your attempt and waste money.
    >since you are the father, you or your lawyer are going to find cases of precedence where the court has ruled in favor of the father over the mother, this will help a lot... their are several groups that can help you with this but I'm not sure exactly what they are, Google should help
    >If your going for full custody it may be harder, if your going for partial it will depend, and it depends what you have now
    >If you live in a different state their may be more complications involved

    If you don't go to court over it, I'm not sure what to tell you, talk it out with your ex-wife?

    If you do go to court:
    >remember lawyers cost $$
    >the COURTS ARE SLOW, from the time you file it may take up to a year before your case is heard :( ,it will depend on your state and the individual court

    Good Luck:D

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