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    mama74's Avatar
    mama74 Posts: 6, Reputation: 0
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    #1

    Jul 15, 2012, 11:32 AM
    Soul custody
    I've currently getting a divorce. I'm asking for soul custody of our 2 year old. He is a dead beat dad. He has lost custody of his other children by his previous ex. My question is if I get soul custody can I also get child support? Maybe not the full amount as if we joint custody... but a ruduced amount.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 15, 2012, 11:40 AM
    First, it is not up to you to ask for "soul" custody. That would be the province of the child's clergyperson.

    Custody comes in two types, Legal and Physical. You definitely want to ask for SOLE legal custody. This means the father has no say in how the child is raised. You can also ask for SOLE physical custody, which means you control if or when he can see the child.

    However, the odds are that you will be granted neither. Generally parents are given joint legal custody with one parent having primary physical custody and the other having visitation rights. In either case, if he gets joint physical custody, that could reduce his support obligation. The less time he is given with the child, the more his support obligation will be.

    If he has a history where he has lost custody of previous children (did you know this before having a baby with him?) then there may be grounds for limiting his custody in your case.
    mama74's Avatar
    mama74 Posts: 6, Reputation: 0
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    #3

    Jul 15, 2012, 11:53 AM
    Quote Originally Posted by ScottGem View Post
    First, it is not up to you to ask for "soul" custody. That would be the province of the child's clergyperson.

    Custody comes in two types, Legal and Physical. You definitely want to ask for SOLE legal custody. This means the father has no say in how the child is raised. You can also ask for SOLE physical custody, which means you control if or when he can see the child.

    However, the odds are that you will be granted neither. Generally parents are given joint legal custody with one parent having primary physical custody and the other having visitation rights. In either case, if he gets joint physical custody, that could reduce his support obligation. The less time he is given with the child, the more his support obligation will be.

    If he has a history where he has lost custody of previous children (did you know this before having a baby with him?) then there may be grounds for limiting his custody in your case.
    He didn't loose custody until after we were married and I was 5 months pregnant. He hides everything and I had to find the paper work to find out.
    What if he willingly signs over custody will the judge grant custody to me?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 15, 2012, 11:56 AM
    Quote Originally Posted by mama74 View Post
    What if he willingly signs over custody will the judge grant custody to me?
    If, in the divorce, he agrees to giving you sole custody, then the court will likely go along. But he will be able to come back later and ask for a change. Whether the court grants it or not will depend on the current circumstances.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 15, 2012, 01:33 PM
    Actually it is in joint custody that you get less support, in full or sole custody you get the most child support, of course he can still get visits, sole custody does not stop him from getting visits.
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    mama74 Posts: 6, Reputation: 0
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    #6

    Jul 15, 2012, 02:27 PM
    Quote Originally Posted by Fr_Chuck View Post
    Actually it is in joint custody that you get less support, in full or sole custody you get the most child support, of course he can still get visits, sole custody does not stop him from getting visits.
    I thought soul custody means I don't have to give visitation unless I agree to it...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 15, 2012, 02:48 PM
    Quote Originally Posted by mama74 View Post
    I thought soul custody means I don't have to give visitation unless I agree to it...
    Again its SOLE custody, not soul.

    And no it doesn't mean that. You can be awarded sole custody but still have scheduled visitation.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #8

    Jul 15, 2012, 06:32 PM
    Quote Originally Posted by mama74 View Post
    I thought soul custody means I don't have to give visitation unless I agree to it...
    Nope! Soul custody is the name of a Rock and Soul band.
    Soul Custody : Official Website
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    mama74 Posts: 6, Reputation: 0
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    #9

    Jul 16, 2012, 12:38 AM
    Quote Originally Posted by GV70 View Post
    Nope! Soul custody is the name of a Rock and Soul band.
    Soul Custody : Official Website
    Nothing personal... but I couldn't give a about you stuipd band.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jul 16, 2012, 03:25 AM
    Quote Originally Posted by mama74 View Post
    Nothing personal...but I couldn't give a about you stuipd band.
    If you are going to ask a question about something, you should learn how to spell it. I made it clear in my first response that the word is SOLE, not SOUL. Yet you repeated the mistake in a later post. Yes, we have had a little fun at your expense in correcting the mistake. I'm sorry if you were offended. But you need to lighten up.
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    #11

    Jul 16, 2012, 03:36 AM
    Quote Originally Posted by ScottGem View Post
    If you are going to ask a question about something, you should learn how to spell it. I made it clear in my first response that the word is SOLE, not SOUL. Yet you repeated the mistake in a later post. Yes, we have had a little fun at your expense in correcting the mistake. I'm sorry if you were offended. But you need to lighten up.
    I've read at least 10 different people questions about SOLE custody issues in here and they also spelled it incorrectly... did you make fun of them to?
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    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Jul 16, 2012, 03:45 AM
    Quote Originally Posted by mama74 View Post
    I've read at least 10 different people questions about SOLE custody issues in here and they also spelled it incorrectly...did you make fun of them to?
    I don't recall, I believe I did on some of them. I know this isn't the first time that I have poked a little fun at an amusing misspelling or incorrect usage of a word. I expect all of them were corrected though.

    I will also point out that you have gotten good answers to your question.
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    mama74 Posts: 6, Reputation: 0
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    #13

    Jul 16, 2012, 04:02 AM
    Quote Originally Posted by ScottGem View Post
    I don't recall, I believe I did on some of them. I know this isn't the first time that I have poked a little fun at an amusing misspelling or incorrect usage of a word. I expect all of them were corrected
    though.

    I will also point out that you have gotten good answers to your question.
    Yes I did get good answers and I thank you for that.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Jul 16, 2012, 04:45 AM
    I'll also mention that I have poked fun at myself as well when I make an amusing typo or faux pas. We need to be able to laugh at ourselves sometimes.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #15

    Jul 16, 2012, 10:11 AM
    Quote Originally Posted by ScottGem View Post
    I'll also mention that I have poked fun at myself as well when I make an amusing typo or faux pas. We need to be able to laugh at ourselves sometimes.
    Agreed!

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