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    pollinger9's Avatar
    pollinger9 Posts: 4, Reputation: 1
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    #1

    Mar 28, 2009, 06:33 PM
    Sole physical custody
    Is there an easy way to get custody of my 10 month old son
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 28, 2009, 07:07 PM

    Depends on the circumstances. Do your really expect us to help with that little information?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 28, 2009, 07:12 PM

    Have the other party agree to it and both parties use an attorney to do all the paper work
    pollinger9's Avatar
    pollinger9 Posts: 4, Reputation: 1
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    #4

    Mar 28, 2009, 07:59 PM

    I am the sole provider in the family and when its me and her I do all the work and when other people are around she acts like she does all the work and I'm lazy I wake up with him all night I'm with him all day and I work night she's with him maybe 5 hours a day and acts like she does all the work and pays for all his needs he's on my ins. And I pay all copays and medicines he needs plus 90 percent of the food he needs I don't even want child support and if she has it her way she will get support. Did I mention she didn't even want him she wanted to give birth to him and sell him
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #5

    Mar 28, 2009, 08:14 PM
    Quote Originally Posted by pollinger9 View Post
    i am the sole provider in the family and when its me and her i do all the work and when other people are around she acts like she does all the work and im lazy i wake up with him all night im with him all day and i work night shes with him maybe 5 hours a day and acts like she does all the work and pays for all his needs hes on my ins. and i pay all copays and medicines he needs plus 90 percent of the food he needs i dont even want child support and if she has it her way she will get support. did i mention she didnt even want him she wanted to give birth to him and sell him
    Sell him? How does someone go about that? Babies R us?

    It sounds like the two of you live together and you take care of the finances and the baby. Sometimes that's the way it is, one person does all the work and the other does nothing or very little.

    I'm not a legal expert, but I'm pretty sure that she'd either have to agree to give you full custody or you'd have to prove her an unfit mother.

    That's my understanding anyway, but I could be wrong.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 29, 2009, 06:07 AM

    Ok, this is better but still not enough. Are you married? It appears that you are at least living together. Are you on the birth certificate? Was paternity established?

    As long as you are living together custody is not an issue. But if you split, you will have to prove her unfit in Family Court to get sole custody. If you are planning on splitting, I suggest you consult an attorney first.
    pollinger9's Avatar
    pollinger9 Posts: 4, Reputation: 1
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    #7

    Mar 29, 2009, 01:43 PM
    We are not married I was hoping seeing she wanted to sell him at birth I even offered to give her money to leave so she can get her self situated she denied it she said in front of a couple of different people that she didn't want him and the only reason she was keeping him and not signing him over to me was to make my life hell which I think is bull she doesn't want him then she should just leave I don't want anything from her
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Mar 29, 2009, 05:25 PM

    First she can't just "sign him over to you". Custody has to be affirmed by a court. And courts are very reluctant to terminate a parents rights.

    Second, you didn't answer all my questions. The more info you provide the better we can help.

    But the bottomline is you need to take her to Family Court and ask for full custody.
    pollinger9's Avatar
    pollinger9 Posts: 4, Reputation: 1
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    #9

    Mar 30, 2009, 06:02 AM
    Yes what you said helped a little I just didn't want to take her court I know its very rare that a judge gives full custody to the father and I don't think it right she could get custody of my son and she didn't even want him she just wants to make my life hell
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Mar 30, 2009, 07:27 AM
    Quote Originally Posted by pollinger9 View Post
    yes what you said helped a little i just didnt want to take her court i know its very rare that a judge gives full custody to the father and i dont think it right she could get custody of my son and she didnt even want him she just wants to make my life hell
    I think I helped more than a little, but I might have helped more if you gave more info.

    While its rare, its not impossible. Whether its right or not depends on the circumstances.

    If you don't go to court and get this all formalized by court order, then she will continue to make your life hell.

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