[jasedition]

So my wife and I split 3 years ago. Never took the time to get divorced. She got with a guy that introduced her into meth. She has 2 kids by him now as well. She was pregnant and using at same time. She and him were caught by CPS by failing hair drug tests. The court give me primary care of my son. Her visitation is only every other Saturday supervised by me. She lost her other 2 as well to his parents.

When CPS called me to tell me what happened and asked if I wanted my son I of course said yes. But CPS did not like that I was currently staying with my girlfriend and gave me 24hrs to find my own apartment in my name. Hectic that was but I achieved it! After that they had no problems with him being with me.

She and him are now clean and been thro there rehab and parenting classes. She's goten her 2 daughters back from his parents and is now planning to fight me for our son.

I have never had a record and been clean my whole life. But because I date a woman who is a felon and currently on parole she thinks she has a case to fight and take my son away since my son is with her while I work.

I have no open cps case and everyone on myside. My family my friends yes even her family and his family are on my side! I have a lot of support.

I am currently going to get a lawyer and fight back. My son is 4 now and had never been treated for shots, check ups, or teeth, or vision and hearing, until I was given custody. I made it happen not her. He is healthy now and well taken care of. I have several sitters for him and he goes to pre school. I work a lot so my girlfriend watches him and takes care of him unless she works. Then he goes to a sitter which is close family of my gfs. My son has many friends his age thanks to her family. My point is, I have a system that works. He his happy and healthy and never wants to go see his mom. He crys when I have to take him for visitation.

In my situation can she legally take my son away from me? I can easily say my girlfriend and I broke up. Or say she does not live with me and my son goes to school then to a sitters till I'm home. Regardless I'm not sure I understand how a judge wuld go back on his decision given me custody just to give it bk to her after she's done her clasess and is clean.

Im not the kind of guy to keep my son from his mother either. I want joint custody but remain primary care giver. I do not require child support either. She on the other hand wishes to milk me for every penny.

We were living 3hours in distance apart. But so she could see him more often after the case was over I moved within an hour distance. So she may see him more than just other saturdays. But now its not enuff she wants to fight over him even though Im willing to let her see him anytime. Its just a ownership and money issue to her in my opinion. She is a good mom at times. But isn't the brightest. I do currently know she cheats on her boyfriend all the time with a buddy of mine. Ive seen texts and he's let me listen in on phone calls. She's not a good person at heart.

It makes me want to blk male her by telling her ill spill the beans to her boyfriend about her cheating if she fights me in court. She will lose 2 daughters instead of one son that way. It wuld make her think. But I want legal advice and deal with things the right way.

Any advice is appreciated. What should I do

[stinawords]

The best advice I can give you is get a lawyer! This is one tangled and twisted situation you need an attorney to go to court with you. I can honestly see it going either way. It is more than you just saying you aren't dating a felon. Does their mother have a felony record? She complied with what was required of her. Also, it might matter what the felony is. If it is drug related you will have to convince a judge that the child is better off with the father with the "druggie" girlfriend that watches him than his own "druggie" mother. If it was for something violent you will have to explain why you are comfortable leaving your child with that rather than his own mother. I can go on and on but am not going to. I can also see a judge leaving him with you because it is working so far and giving the mother more visitation. Judges don't care that you are not asking for child support.

I'm glad you have lots of people on your side. Get an attorney and good luck!

[jasedition]

Yes it is tricky. That's why I know I need a lawyer. My company I work for is even looking into helping me retain a good lawyer. My girlfriend may have broken the law before and currently serving her time which is half way through. I see it can be a problem since her history is 3 felonys. She got all 3 the same night. Drug charge, burglary, theft. She and her ex husband split. In the divorce she was given her truck. But her ex hid the truck at buddies of his car lot shop. That car lot claimed it sat there for a period so they obtained a title for it. Back in 2009 my girlfriend broke into the shop and stole her own truck back. She had her title and own keys. But she was pulled over down the road and it had drugs under back seat.

I know in my situation a judge isn't going to care about her past details and not care to look into it. Only care about wats on paper. But I met this woman. Fell in love and have no doubt in my mind my son is safe with her. If u met her ud never think of her as a bad person at all. My son adores her and calls her his own. Id trust her with his and my own life. She cannot have kids of her own so her bond with my son is unreal

Funny thing is, my ex has even mentioned to her and in front of others that she is the best thing that's happened to me and my son. Has even told her that she's happy my son is with her and not my other ex. My ex wife literally approved my son being with my girlfriend in front of many people. We as a group have even hung out and went bowling ir go carting for my sons visits with my ex. My current girlfriend even took my ex wife out for a ladies night. They had been good friends until today. But my ex wife is legally bipolar so it explains a bit.

My girlfriend will soon be my fiancé. After I'm divorced I plan to jump rite bk into marriage. She's that great to me and my son! My ex has no prior arrests nor does her boyfriend. But they both have been into drugs. Im the only person around me I know besides my moma that's never been into trouble at all. In my opinion a judge should see that I care. Have done a lot for my son and even his mother for her visitation to be easier. And that I medically took care of him when she did not. Ive never messed up and she and her boyfriend have. Logic says I should keep my son. I even wish it fir her to have more visitation rites to him. But not giving her primary care!

Hopefully a great lawyer will take care of this. Currently she cannot afford a lawyer. But that may change. She does not wrk nor has she in years. But her boyfriend makes more than I do now with his new job. Im not sure if he will fit the lawyer bill for her to get her son back. He seems to only care about his 2 daughters.

The last CPS court date in next Friday. After that she's free to open another case to fight for her son back. I don't have much time I see. But am going to do what I can. A lawyer is a must I know. But is there anything else anyone else that may have insight on my situation? Thanks in advance

[ScottGem]

The fact that she got her other kids back from her parents is a very important detail. Your attorney needs to research that completely. It could be that her parents agreed to the change, but if they fought ot and she still one it doesn't look good for you.

But there is no way you should do this without an attorney, especially if she has one.

I agree that it could go either way, but courts are reluctant to change the status quo. If you have shown that your son is well cared for, that will go a long way.

And forget the blackmail. If a court got wind of you making such threats they will not look kindly on it. Let your attorney decide how to use that info.

[AK lawyer]

The question cannot be accurately answered until OP indicates what sort of felony it is that is the basis of which his girlfriend's felony conviction. Insider trading is one sort of a felony; murder of young children would be quite another type.

[Synnen]

AK--it's there. Read back.

[AK lawyer]

Indeed it is.

... Drug charge, burglary, theft. She and her ex husband split. In the divorce she was given her truck. But her ex hid the truck at buddies of his car lot shop. That car lot claimed it sat there for a period so they obtained a title for it. Back in 2009 my girlfriend broke into the shop and stole her own truck back. She had her title and own keys. But she was pulled over down the road and it had drugs under back seat. ...

No, I don't think that this will mean very much to the judge, as far as her living with OP is concerned.