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

    Aug 29, 2010, 05:26 PM
    My ex has been doing everything possible to stay out of court for custody trial. She has moved around over the past year. She has been having her boyfriend stay every night in her apartment and I'm concern for my child. She doesn't tell me anything about my child and has only "ALLOWED" me to see my child when I'm holding a court order forcing her to let me see my child.


    She has been recently fired and living off the government.


    Will this change in her situation help me win custody of my child?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 29, 2010, 05:46 PM

    No, her employment or non employment will have little to do with custody, in fact her living or not living with boy friend will not effect it, ( she can have live in boy friend and get custody)

    How she cares for the child is what matters.

    Is the child fed, clean and so on.

    Now her not allowing you to see the child, may hurt her.

    You need to get into court and get a final order, if she gets custdoy, you will have set days and times for visits.
    Perhaps you can get joint custody
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 29, 2010, 06:00 PM

    More important is the fact that she keeps defying the court orders. I would ask for a change in custody based on that.
    bandman's Avatar
    bandman Posts: 3, Reputation: 1
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    #4

    Aug 30, 2010, 06:31 AM

    She hid the child from me for 4 months last summer, ran away from the house and bills, and lived in a homeless shelter for a month.
    bandman's Avatar
    bandman Posts: 3, Reputation: 1
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    #5

    Aug 30, 2010, 06:33 AM

    She has a child with another man and ran away from him as soon as she got child support and insurance hooked up with the other child. That father doesn't even know where his child is living because she won't tell him. Will this information help me win custody of my child?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 30, 2010, 07:09 AM

    If you have visitation rights to a child and the other parent deliberately hides that child, that's parental kidnapping. You need to go back to the court that issued the original order and request that a warrant be issued for her arrest. Also, if you can prove she was living in a homeless shelter with your child while you had a home to provide for the child, I don't see why you wouldn't be granted primary physical custody.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #7

    Aug 30, 2010, 08:00 AM
    Quote Originally Posted by bandman View Post
    My ex has been doing everything possible to stay out of court for custody trial. She has moved around over the past year. She has been having her boyfriend stay every night in her apartment and I'm concern for my child. She doesn't tell me anything about my child and has only "ALLOWED" me to see my child when I'm holding a court order forcing her to let me see my child.


    she has been recently fired and living off the government.


    Will this change in her situation help me win custody of my child?
    As has already been noted, her being unemployed will not affect a custody case - losing your job doesn't mean you're a bad parent.

    What does your court order state regarding visitation and custody of the child?

    Quote Originally Posted by bandman
    she hid the child from me for 4 months last summer, ran away from the house and bills, and lived in a homeless shelter for a month.
    Why did you not file for a physical custody/placement change once you relocated your child?

    Quote Originally Posted by bandman
    she has a child with another man and ran away from him as soon as she got child support and insurance hooked up with the other child. that father doesn't even know where his child is living because she won't tell him. Will this information help me win custody of my child?
    No. That is a separate issue and has no bearing on your case. How do you know that the other father doesn't know where his child is? Assuming that there is a court order granting him visitation rights to his child, she can get in trouble if she is concealing his child from him. But again, that has no bearing on your case.

    Could you give us more information on your circumstances? You seem to want primary physical custody of your child but based upon what you've said/asked here, it doesn't seem you have a strong enough case for a judge to remove the child from their home and move them to yours.

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