[solson4]

I have to attend court soon. The father of my children is not currently working, he has no place to live, and the tags on his only vehicle have been expired for months, not to mention the fact that he does not have any carseats. He is trying to get custody of the children. In my eyes he has no chance in hell. Also, he has a long domestic violence record. I do not have an attorney currently. What things would be worth bringing up in court that would prove him to be unfit.

[ScottGem]

Just exactly what you told us. Document the DV record. Document that he has no place to live and no job.

Still, do not be surprised if the court orders supervised visitation. I doubt if he will get even that, but that's a possibility. As to Custody, he has no chance for any physical custody.

[twinkiedooter]

If he cannot prove that he has a permanent place to live and an actual job that pays him a decent wage what are you worried about? Of course he's going to lose in court. What judge in their right mind is going to give him custody so the kids can live out of a car? None that I know of. Do you have a decent place for the kids to live? Do you have a full time job that allows you to support your kids and yourself?

Has he been ordered to pay any child support at all for the kids? If he has not, then why not? It's time that this guy gets a job and starts sending some money towards the kids eating habit. I am sure the judge willl agree.

[Izannah]

There are SO many variables at play here. The most defining for your situation is going to be what are the laws pertaining to families in your state?

How your case comes out will depend on everything that can be given a factual basis. Is his domestic violence record documented or is it just that Joe Blow knew his old girlfriend and she used to get beat up all the time and you overheard somebody talking about it or does he have an arrest record? ScottGem is right, you will need documented proof, either by written document or by the presence of a witness with knowledge of the particulars for all of the allegations you are making. And remember that he has a right to answer and disprove any of those allegations and also make some about you, so as Twink (hiya, Twink!) pointed out make sure your own ducks are in a row.

I've seen judges who went against what would be the "common-sense" judgement and give the "bad guy" the ruling just because he promised to work with the Department of Health and Human Services on a "case plan" to gain self-sufficiency. Anything is possible.

The main thing is to be prepared. Don't go into court just spouting off about what is wrong with the dad and even the thought of the children going to live with him. Focus on what is right with the children staying with you. Why there is no need to disrupt the normalcy you are providing for your children. Show how the transfer of custody will negatively effect the children... no transportation, no safety equipment, no steady income, no permanent shelter, and so on. Stress how these are things that are NECESSITIES for your children and be prepared to discuss how you manage all of these yourself and that placing the children with their father will not be in the best interest of the children or their welfare.

Best of luck... especially for the kids... they're the important ones in all this.