[lizzy54227]

I have been battling with my exhusband for a few years with this. I believe in my heart that in the best interest of the children, that I should have sole legal custody. I have many reasons for this. 1. He does not get them when he is suppose to. 2. When my children go there, my 10 yr old complains every time that his father controls him obsessivly. Makes him follow him around where ever he goes, makes him stay right by him when he has our 3 yr old, acts like she's going to bite him or something, I know what my son is explaining, but it is very hard to explain. He did the same thing to my Oldest (who is not his). 3. He is an alcoholic and is around drugs or is doing them. My son also told me he always drinks when they are there. Now the last time we went to court the judge actually said to him "you can't go that wknd without drinking, when u have your kids?" Their have been instances that my son has told me about that his drunk uncle almost laid on our, then 2 yr old. He also urinated on a dresser thinking it was a toilet. My children are around a bunch of drunks and that is NOT an exaggeration. 4. He hasn't had a job in almost 3 yrs and the only child support I DO get is from his 2 1/2 yrs of unemployment. Do I have any chance of getting SOLE LEGAL CUSTODY?

[cdad]

So far you haven't really explained anything that shows why you should have it. Legal custody is very different from physical custody. Also paying child support has nothing to do with visitation.

[lizzy54227]

I know child support has nothing to do with custody or visitation. That is not my point, my point is, this man should not have any say in the children's, medical decisions, school, etc. He is irresponsible, incompetent, has no place to live, he lives from place to place, doesn't take them when he is suppose to, is an alcoholic, may use drugs(will have to order a drug test, because of his past), I also go by what my son tells me that goes on while they are there. He is not fit. Period

[cdad]

Then take all the evidence into court you have and request it.

[lizzy54227]

The funny part is about taking him to court is, if he has no physical address to be served his papers to appear, he can't be served, so they have to post it in the paper, and if he doesn't see it in the paper, then I win

[cdad]

How often is he visiting with the children ?

[lizzy54227]

The last time he took the kids and had contact with them was the wknd of October 14. This is not the first time he has gone months with out taking or seeing them, he hasn't even called them. He called them on December 30 for our daughters birthday, and the only reason he did that was because my son posted that it was here birthday. Honest to God, while we were married and still today, he can not do for himself. He can not pay a bill for himself, he can not file his own unemployment, his mother does it, my son told me he sees her doing it. I know this for a fact. The kids are the ones suffering

[Fr_Chuck]

Don't you have full custody, it sounds like what you want to do is take away his rights to visits??

Even a parent with "sole" legal custody" still may be subject to a visitation order,

Courts are very very slow to take away rights to visit, at best even when there is a threat, they still allowed supervised visits

[lizzy54227]

I'm sorry if I am confusing everyone, but I did not say I wanted his rights to visitation taken away. I want sole legal custody. I have done research on this and all sole legal custody is, is like what we have now, which is joint custody, with physical placement with me, but it will take away his right to make major decisions, have access to their medical and school records, etc. All he will be able to do is have visitation. I may even ask for supervised ones because of the alcohol and drugs.