[alloutmx1752852834]

If my wife can't afford a lawyer in a custody battle what happens then? Will that increase my chances of getting my child?

[Fr_Chuck]

Yes if you have an attorney and the other side does not have one, it will increase your chance to win.

I will add that it should not be that way, esp in child custody and welfare it should be all things equal, but in many areas of the American Justice system, those that can afford the better or the most lawyers often have the advantage.

[Matt3046]

She will get one, in most places women are eligible for some kind of free legal aid.
Also if she has been dependent on you (financially) than you may be ordered by the court to pay for her lawyer. Simply put it is cheaper to keep her. It's not going to be that easy for you.

Look it's not going to be that easy, the best thing is to get into mediation now (assuming everyone is a responsible parent) and hamer out a deal. If it goes to court niether of you will have any say in the future of your children. Here are some links, I am not saying that these are my views just that you should consider them
Men's Rights Online - Child Custody Issues
WELCOME TO - FATHERS-4-JUSTICE(R) US
Allegations of domestic violence - Wikipedia, the free encyclopedia
Don't Make Her Mad -- Hell hath no fury like a false allegation
http:/http://www.custodyreform.com/reform-files/reform-home.html/www.childcustody.org/


Some things to consider

[Fr_Chuck]

Not in a lot of areas, I keep hearing about all this free legal aid, and must just assume it is in big cities, in most rual areas I have always been at the poor people have no legal or free aid, there is not even a public defenders office, merely local attorneys forced by the court to accept these cases. For example in our area there is no services for poor people in any of at least 6 of the counties around me.

So while I know this must be available somewhere, I have not seen it in most of the places I have lived.

But yes, divorce, it is cheaper to go find someone you hate and buy them a house, a lot cheaper in the long run

[Matt3046]

Yeah it is likely that it is a city thing. But the thing is in custody this. No one will win. And someone is going to try to use the children by involving them and sending mean messages or just bad mouthing the other parent. The only way you are going to get full custody is if you can "prove" she is unfit and/or a danger to kids. Now through mediation you can work out a deal that might actually resemble fair.Chuck is right about losing if you go without a lawyer but I would not be surprised if a judge orders you to pay for a lawyer for her, they are not going to sit there and watch your lawyer do his thing.

[grammadidi]

Not in alot of areas, I keep hearing about all this free legal aid, and must just assume it is in big cities, in most rual areas I have always been at the poor people have no legal or free aid, there is not even a public defenders office, merely local attorneys forced by the court to accept these cases. For example in our area there is no services for poor people in any of at least 6 of the counties around me.

So while I know this must be available somewhere, I have not seen it in most of the places I have lived.

But yes, divorce, it is cheaper to go find someone you hate and buy them a house, alot cheaper in the long run

For future reference, the Tennessee Legal Aid web site states (emphasis is mine) "The mission of TALS is to make sure every low-income person in Tennessee has access to the civil legal justice system." If you do a Google search and put the State name, then Legal Aid, you should find it available in all States. It is also available in Canada.

Didi

If my wife can't afford a lawyer in a custody battle what happens then? Will that increase my chances of getting my child?

In most places, it is unlikely that this would increase your chances of getting custody of your child. The judge attempts to make a determination as to what is in the best interests of the child in custody cases. This will be based upon many things. Generally speaking, it is best to work out custoday between the parents, sometimes through mediation. If there are major discrepancies between the parents, then the judge would consider several factors such as past parenting behavior, the age of the child, the child's preference, the amount of time a parent can dedicate to properly raising a child, household stability, financial considerations, and other specifics. In addition, in a custody battle, the judge will likely request a psychological evaluation.

It is interesting to note that in 7 out of 10 cases custody is still awarded to the mother. Joint custody is awarded about 20% of the time and fathers are awarded custody less than 10% of the time. If there are abuse or neglect allegations, then the judge will rely heavily upon the testimony of a psychologist.

In regards to financial considerations, it generally makes more sense to the judge to leave the child(ren) with the mother and have the father pay child support, especially if the father has been the primary source of income. Generally speaking, when a case is heard, the judge has no idea if the lawyers are being subsidized through Legal Aid.

Hope this answers your question.

Didi

[vlee]

I live in a small rural area, and as the person responding to a law suit, there is free or low cost legal aid available to anyone who can not find or afford an attorney and is battling a serious charge. In custody cases, sometimes it isn't really any less expensive, but they will hook you up with a lawyer who will allow you to make monthly or bi-weekly payments until the debt is paid in full. It's worth investigating. Contact your local Lawyer Referral Services office, usually you can find out how by calling your local courthouse.

[alloutmx1752852834]

In regards to my previous question my wife and I been separated since December of last year. Since separated of this year to the present my wife has been active duty in the national guard in a distant state. Prior to her leaving in January, I found out she has been untrue to me on several occasions. Since leaving she has become separated involved with another soldier. I was willing to work it out, till she said last week in a text message that she did not care to be with me anymore. I have been raising our child since she has been gone and don't want to lose my child to some far away duty station without any contact from me. I am a civil service employee, drug free and a good father. Losing my child is my biggest fear. Does repeated infidelity on her part play in my favor in getting custody or joint custody of my son.

[vlee]

I doubt it, but her prolonged absences could help your case. You will likely have to strike a deal, where she will have your son for the summer, or so many weeks of it, and every other Christmas break, etc... I would think that a judge would find it more suitable that he live in one place and not be bounced around at a young age, but that isn't always the way things work out. There is no way of weighing the odds in a custody suit.

[grammadidi]

Infidelity, in most places, is irrelevant as to custody issues nowadays. It does really boil down to the judge though. Remember, the judge will take into account that you have been raising your child alone, so, if you can continue doing that for an extended time you probably have a better chance at getting primary custody. Has your wife asked for custody or had any visits? As I said above, past parenting behaviour will be something the judge will consider. If she hasn't made an effort to see the child, it could also help your case. Apparently you are already proving your ability to care for your child, so that is a good thing.

I would talk to an attorney, for sure!

Best of luck!

Didi