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Bethaburns · Jul 2, 2012, 06:47 PM

My daughters father, who my daughter and myself lived with on and off since her birth, is taking me to court for full custody. I am employed, able to provide for myself and my daughter, keep a clean home, keep her engaged in play time whether it be with me or the other children in the neighborhood, I have no type of criminal record, and try to make only decisions that benefit my child.

Her father, while I do believe he loves is daughter, I don't feel he would make the best candidate to make decisions for her. He was a record of domestic violence, only one charge since our daughter was born. Most of his convictions are from before the birth of our daughter, I am unsure if that will impact this case base I have listed them regardless: DUI, possession (at least one), two domestic violence, and shoplifting. Her father does make slightly more than me a year and has the home that we lived in together before we separated this last time (which we paid for in cash, as it was a foreclosure).

How will all off this impact my custody battle? My lawyer assures me that I have nothing to worry about, but I have never experienced any of this before and am very stressed out.

I also would like to mention that I have no family closer than 450 miles away, he lives in the same town as his family. I feel like the support system of that could impact the case.

smoothy · Jul 2, 2012, 06:56 PM

Originally Posted by Bethaburns

My daughters father, who my daughter and my self lived with on and off since her birth, is taking me to court for full custody. I am employed, able to provide for my self and my daughter, keep a clean home, keep her engaged in play time whether it be with me or the other children in the neighborhood, I have no type of criminal record, and try to make only decisions that benefit my child.

Her father, while i do believe he loves is daughter, I don't feel he would make the best candidate to make decisions for her. He was a record of domestic violence, only one charge since our daughter was born. Most of his convictions are from before the birth of our daughter, I am unsure if that will impact this case base i have listed them regardless: DUI, possession (at least one), two domestic violence, and shoplifting. Her father does make slightly more than me a year and has the home that we lived in together before we separated this last time (which we paid for in cash, as it was a foreclosure).

How will all off this impact my custody battle? My lawyer assures me that i have nothing to worry about, but i have never experienced any of this before and am very stressed out.

I also would like to mention that I have no family closer than 450 miles away, he lives in the same town as his family. I feel like the support system of that could impact the case.

Being he is the father... he is entitled to be heard and have a fair shot. Nothing is guaranteed... except the Judge is going to hand down a ruling.

Bethaburns · Jul 3, 2012, 04:14 PM

Originally Posted by smoothy

Being he is the father...he is entitled to be heard and have a fair shot. Nothing is guaranteed.... except the Judge is going to hand down a ruling.

I do not feel that you answered my question. I understand that he has a right to be heard and am not saying that he shouldn't. I am simply asking if he would actually be granted custody over me.

Fr_Chuck · Jul 3, 2012, 04:20 PM

There is no way to know what a judge will do, Many judges today are giving joint custody. Is there anything in your past? How old is the child ? If older has the child a choice about where they want to live ?

Why is he doing this, Does he have an attorney ?

Bethaburns · Jul 3, 2012, 04:28 PM

Originally Posted by Fr_Chuck

There is no way to know what a judge will do, Many judges today are giving joint custody. Is there anything in your past? How old is the child ? If older has the child a choice about where they want to live ?

Why is he doing this, ? does he have an attorney ?

My daughter is 3 years old. I have no criminal record, and am a responsible adult. ( I can't imagine things that could be determined as hear say could have an impact in court) I am unsure as to why he is doing this, I feel it has a lot to do with his parents wanting him to and his unwillingness to pay child support, and yes he does have an attorney.

smoothy · Jul 3, 2012, 07:19 PM

Originally Posted by Bethaburns

I do not feel that you answered my question. I understand that he has a right to be heard and am not saying that he shouldn't. I am simply asking if he would actually be granted custody over me.

Well, that's because I can't read Tarot cards, don't have a crystal ball, can't read the future in a pile of chicken guts or a cup of tea leaves... and I don't have visions.

That's because the judge determines this.. and yes its possible he might because his rights are equal to yours... its also possible he won't win..

ScottGem · Jul 3, 2012, 07:29 PM

Originally Posted by Bethaburns

I do not feel that you answered my question. I understand that he has a right to be heard and am not saying that he shouldn't. I am simply asking if he would actually be granted custody over me.

You are asking a question that we can't answer. There is no guarantee how a judge will rule.

However, I can say a judge will not generally change custody unless the custodial parent is deemed unfit. That's probably why your attorney feels you have nothing to worry about.