Child Custody case family question?

When, there is a child custody case. How much weight does the family around the actual parent’s of the child in question hold, for example.

Dad of child has two working parents house paid off. Works as a law enforcement officer /w a Criminal Justice degree on top of that. Also has a place of his own and a steady relationship (engaged to a student in graduate school studying for a degree in marriage consulting)..

Mother- No college education, No job, lives with step Mom/Dad dad is a convicted felon drugs mostly. Also mother has a sister in an abusive relationship and a trigger happy drug happy brother convicted of spousal abuse.

My questions are : How strongly would the judge look at that kind of family background around the two parents when making a decision? As well as would I being a Law Enforcement Officer help or worsen my chances?

The reason I’m asking is I’m debating going to custody for my child as the father because her life would be more stable with me financially and emotionally. Just curious what kind of chance I would have. As i know its not very often they take a child from the mother.

UNMARRIED CHiLD CUSTODY?

Before i begin, i apologize for this being so long. I am right now, 13 weeks pregnant by my fiance i have been together with over 2 years. Recently, he has been very abusive, has not had a job since July, the water just got cut off in our townhouse, goes to churches to ask them to pay his electricity bill that has been very expensive from him never paying it before i moved in with him, is not paying for any of my medical care, and I, even though being pregnant am providing for him with my small part time job. Paying his gas, his food, buying him whatever i can afford. He complains that i dont help clean the house because when i am not working, i’m sleeping from the exhaustion of my body developing a baby, which many pregnancy books has said on my defense that me sitting on the couch watching tv, my body is still working harder than he is body building. He constantly picks fights with me, constantly acts like a little kid and annoys me (as in playing the i’m not touching you’ game). Well, i have tried to give him many chances for the baby’s sake, but by this time, i’d be better off living on the streets than being in a household or anywhere around him. I live in illinois, and my mom just let me move in with her and offered to move into her new house she just bought in the suburbs in las vegas, 20 minutes away from the city. Of coarse, i am going to take her up on that offer, knowing that she will never ever harm me or my child, but my ex is trying to say that 1, the court will not allow me to move out of the state with his child, and 2 fathers in illinois have custody over their children more than the mothers do. i laughed in his face when he said that, and have done research, but i will need some extra help for me to know all of my rights. I am not an unfit mother, i am not on drugs, i do not smoke cigarettes or marijuana, before i became pregnant i drank occasionally, i have my education (unfortunately no college education, i became pregnant before i was able to find a good school after graduating last may). He on the other hand, is a high school drop out, every cop knows his name, he has 4 felonies on his record, has no job, horrible credit, screwed over many money loan companies, overdrew on every bank account he had as much as he could, (since i have been 18 i have never even had a credit card) i feel like i have a higher chance of keeping my child? are you with me? could people please help me out and give me resources?

Can I take custody of my child if I am on probation for a drug charge?

The mother’s house is absolutely filthy, with roaches and an unclean monkey. The mother pawns him off on everybody, while I would have somebody to take care of him permanently. We are not married yet but plan to do so. I don’t know whether the mother uses the child support money I give her for the things he needs. Today she asked for twenty dollars extra so she could get him some new clothes when I bought him clothes just last week. I will add more details later, but believe me when I say the place is filthy. I am on probation for a drug charge currently. I make more money than she does, and she is diagnosed as bi-polar. Please help!
(I am actually writing this for the father, who is my significant other – which explains why my avatar is female. I will be the one to take care of his son while he works.)

Obtaining past guardianship records in a child custody case?

We (father’s side) are fighting for custody of a little girl. The mother has three children with different fathers, the youngest is the subject of this particular battle.

I can see in the public records that just before the youngest was born, the two other children were put into the care of the grandparents for a year. The Iowa courts show that the grandparents petitioned and were awarded guardianship. It is marked as Involuntary Guardianship.

It is my understanding that courts don’t generally award involuntary guardianship without significant proof that the parent is unfit. “Clear and convincing evidence for determining incompetency is required for establishment of a guardianship.”

Some of our arguments in our custody case are the mother’s instability and mental health (untreated bipolar).

What is the process to get details on this guardianship case? Would we be able to use that information to help establish a history of instability?
We do have a lawyer starting this week, but we have a million questions, so I like to put questions out there to try and get differant peoples answers and experience
the father’s side means the father

what happens if you violates a family/ child custody court order?

I am in a custody battle with my sons father, he has temporary custody and i have to have professional supervised visitations. He has brought our child over to my place 3 times since our court date and i have taken pictures every time with a time/date stamp. can he or I get in trouble for this? and would it hurt my case or make his case look better that i allowed them to come over? our son just turned 2. I am doing this pro-se since i cannot afford an attorney and trust me if i had the money or if anyone i knew could lend me the money i would have gotten one. the case is in Snohomish county, Washington state. thank you.

Lawyers: Do visitation rights give the non-custodial parent TEMPORARY custody of the child during visitation?

I know the difference between physical custody and legal custody. There is also a difference between physical custody and physical possession. When the child is in the physical possession of the non-custodial parent during their court-sanctioned time for visitation, even the parent with sole custody cannot say, “I have sole custody. You don’t. Give the child to me now and I’m not going to let you have your visitation.” No. Obviously they can’t do that. If the non-custodial parent had only physical POSSESSION of the child (just like any day care center or other “guardian” appointed by the custodial parent), then the custodial parent COULD take the child away in the absence of any other custody order.

So my understanding is the non-custodial parent has more than just possession rights for visitation, but temporary custody and can make decisions for that child in the 3 key areas, for example medical, educational, and religious — DURING the period of visitation. Correct?
A helpful responder advised the non-custodial to not use visitation time to re-indoctrinate the children in a different religion or to interfere with eductional momentum. I agree. And that is not my purpose in asking this question. I’m trying to explain to visitation violators that just because the custodial parent has given someone permission for physical possession, if that physical possession interferes with my time for physical possession during court-sanctioned visitation, then I can demand physical possession at that time since I have rights of temporary CUSTODY at that time too. There was some confusion that the custodial mother can over-ride my visitation by giving physical possession to someone else during my time, and thereby the custodial mother is released from liability for unlawful visitation interference. No. Both the custodial parent and the temp. guardian blocking my visitation via their physical possession have violated court orders/commit an actionable crime.

Restraining Order & Child Custody?

My ex-husband and I divorced in September and it says 50 percent custody on our divorce. He hasn’t wanted anything to do with the kids until I told him that I didn’t want him to come to my house! He harasses me and I got a Temporary Restraining order on him so he can leave me alone. Now I am trying to get Custody of my children. What are my chances if they have lived with me the entire time? and he also has a past restraining order that I lifted from him because he went to counseling?

Child visitation and child support from temporary order!?

My daughters’ mother just moved out of state 2 weeks ago with my child. We have had a temporary court order that was never finalized back in 2008. It stated that I, the petitioner would have temporary custody from March to August and during that time I would not have to pay my 316.00 fee of child support. The mother (respondent), would have her from mid-August to mid-March, and I would have to pay the child support during that time The temporary order was never finalized because the mom and I tried to work things out and never went back to court. Well obviously thing didn’t work out and I was accused of back pay child support since January, 2008 to June, 2010. My question is, since the order was never finalized should I be credited back the amount of child support that I did not have to pay for the months my daughter was with me? This would be March through August for the years of 2008, 2009 and 2010. Also does the visitation schedule still need to be followed and is it indeed valid that I would and should still receive my daughter from the months March to August but for the year of 2012.

Temporary Restraining Order in divorce/custody case?

Recently I found out that my friend’s ex-wife filed a Temporary Restraining Order when she filed for divorce. Does this normally happen in divorce/child custody cases?

Temporary custody with consent of mother?

mother signed over temp custody the paper says children are living with there father with consent of mother the judge said come back in a yr but mother wants them back all ready theyve been here for two weeks and are all ready signed up in school with the father can she get them back with no current home (living with friends) no car (dad drives her) No job (longer than week) father is stable mother is money hungry? Help just want the best for children 6 and 8?

Question about signing dependency paper for custody of a child?

My mother has filed to receive temporary custody of my daughter while my daughters father is filing to get sole custody of her, they have filed what is called a “dependency clasue” paper stating i am unable to care for her. all of this done for reasons that will take alot of typing to explain. it is not that i cant care for her or that i haven;t taken good care of her bc i have, she is very hard to control and has done better with living with her dad. my question is i also have a son, not by same dad, i want to know if they can say that because i let my mom have temp custody of her under that depend thing can they come back and say that maybe i cant care for my son either? i have plenty of people that would always say i have always provided excellent care of both my kids, which i have, just want to be sure i am prepared for anything that might happen bc of this. any advice or tips helpful. thanks.

Child Custody Interstate?

Background: I have been married for 6 years and have two children, (5 year old) twins. My wife suffers from bipolar disorder. She has attempted suicide before and she is usually in a bad mood or angry for no reason. She usually sleeps up to 12 hours a day. She calls her mom on the phone at least 10 times a day up to 3 hours each day. Her mom and her are extremely codependent. She is never interested in going out, helping around the house or getting involved in anyway. She is very dependent in the sense that her parents and I take care of everything for her. She has never paid a bill, gone grocery shopping, or cook. Our sex life is non-existent and we have stayed together for the sake of our children. The only motivation she has in life is to move in with her parents in Hawaii and do nothing else.

Issue: On June of 2009, we all went to Hawaii on a vacation to visit her parents. I stayed for three weeks and she was going to stay an extra month and come back to Texas at the end of July. Two days before the return date, she called me to let me know that she was not coming back. That was the last time I heard from her. I tried calling back for days and she never answered. She didn’t let me talk to my kids either. Days later I got served the divorce papers from a Honolulu court.

Soon after that happened, I hired two attorneys, one in Hawaii and one in Texas, and I also filed for divorce in Texas. The first week of August, the judge in Texas issued a “writ of attachment” and a “warrant to take physical custody of a child”. These two documents gave me the authority to bring the kids back to Texas. As soon as I got the documents I went to Hawaii and with the help of the police, I was able to bring my kids back to Texas with me.

My attorney in Hawaii was able to have the case dismiss for lack of jurisdiction. On September, my wife flew back to Texas to appear in court for the first hearing. In such hearing, the judge ruled that I could have the temporary custody of the children and assigned two guardians ad litem for my children. The judge also assigned a social worker to the case. My wife went back to Hawaii alone the next day.
Now the two ad litems and the social worker are going to go to Hawaii to compare my wife’s environment versus mine.

Based on this information, what are the chances for me to win custody of my children?
Is it better to use a judge or a jury on this case?
In case she wins, can she just take our children to Hawaii? Because if that happens, it will be impossible for me to see the again…

I have a really good attorney. He told me that I’m going to win no matter what.

Any comments?

Temporary Custody to my parents, while i’m out of the country?

I am going to ireland to be with my fiance and take care of all the paperwork involved, so that my son and i can come there permanently. I am staying the 90 days allowed by law and my son is staying with my parents so that he can finish school, he’s in kindergarten. My relationship with my mother is very strained, with my father it is fine, just wondering what i should do, so that i don’t come back to custody papers or something worse like child abandonment.

child custody for father in Michigan?

My wife and I split up on June 4th(almost 6 months ago) she wanted me to take our daughter so I happily did. I have always been the “primary parent”. In her divorce papers she is now wanting full custody of our daughter. She only sees our daughter twice a month for about 24 hours at a time. She NEVER calls to talk to our daughter between times. She makes more money than I do. Do you think she will win custody? My daughter is happiest with me.

Would I win in court for child custody?

I was wondering, if I went for sole custody of my 8 month old son, if there is a chance that I would win. His father thinks he deserves better than his son, which he has actually said, he said that his schooling was more important, he never wants to take him and currently only takes him 1 day a week. He states that he does not have to do anything for him, yet he says that he loves him and wants to keep him. He grudgingly pays child support yet takes anything that he buys for my son out of it without notification. I’m tired of it.

Child custody between father and….?

Alright, so I was wondering if this guy actually has a chance in taking my nephew away. (Full custody)

So this is the history; My sister and the Guy had a baby. They are NOT married, and they broke up, leading to my sister taking the baby and them taking on completely separate lives. He had left the first few months of this child‘s life and never bothered to call or visit. About every few months he would visit. (The child‘s three yrs old. If that matters.)
So he isn’t what you’d call a middle class resident. He lives in his parents house with his girlfriend and son they recently had.

So my sister, (The child’s mom.) Is not even close to being fit and she has a record to prove it. DUI, assault to the 1st degree, she parties, unemployed, no residence. She’s worse off than the father. So the custody going to my sister is out of the question. The custody dispute is going on between the grandparents and the father.

The thing is though, the child has lived with us his entire life. He is emotionally attached to us and my parents(His grandparents) might as well be his parents too. My parents buy clothes & food for him, change him, give him bathes, affection, buy him toys. He also sleeps and lives with us. Taking into account that we have more than enough money to support the child while Jim(The father) doesn’t. He already has another child to deal with also.

So he filed for custody, and now my parents are filing for custody. Could he actually win over custody of this child?

Oh, just a thing to throw in here, He works at McDonald”s and olive garden. I think you get the picture.

Custody/Claiming child on taxes?

My son’s father is trying to be very sneaky and claim our son on his taxes. He does pay child support but it does nothing. My husband and I support my son 99%. My question is he eligible to claim our son on his tax return? I am the custodial parent and have been claiming him because I am his main supporter. My second question is how often does a father win soul custody of a child? He has not threatened to do this but he would be slimy enough to do and I just want my bases covered he would do it for no other reason other than to hurt me.

What are the laws around Illinois Child custody/Mothers Rights?

My friend has two daughters under the age of 4. The father of the children is a complete loser and just so happens to be in prison until next September for battery of a police officer and a DUI while license suspended. She would like to move to another state and restart her life with her children. What are her chances of getting this approved by the state? She has a clean record and just wants the best for her family, although her ex is still the father of their children and is on the birth certificates. Thoughts?

Child Custody?

My husband has joint custody of his two children. The mother left CA to AZ to avoid child’s support. Five years later, my husband files for child support, and this summer will be 3 years since she last saw her two kids.Child support finally caught up with her- and now she is paying. Granted, most people pay more that $200/month- because that is all she pays. We were recently informed that she will be getting kicked out of her rented home at the end of this month. She claimed that she can not afford child support, and asked my husband if he can take it away. She has been uninvolved in the kids lives. She also has a husband, and four more children. In an event she were to get kicked out, what is the likelihood of my husband getting sole custody his two children? She can barely afford her four children now, and I know she will not be able to provide shelter, food, medical or water the children need. How can we convince the judge?

what will happen if you don’t appear in court for child custody?

My child’s mother didn’t come to court. i wanted to know what will happen in our next court date.

Do most California courts favor mothers for child custody and support?

Are there any free(low income) child custody lawyers in Houston?

I live in Houston, TX. My boyfriend is about to go to court again regarding custody of his 6 year old daughter. His mother,( who took care of her since she was born cause he was in army and she moved to Houston with her, but has hep.c diabetes, highest level of depression meds and is a nurse) is trying to get custody. the child mother is in SC and when they went to court in May she said she didn’t want custody but just there to support the father. he has custody of her, we were all staying together (me,him,his mom, daughter,sister,brother) cause his mother said she wanted it that way, well she kicked us out with police last week. she got a lot of money loans out so she has her father not knowingly paying for the lawyer. only my bf works,im trying to get a job,i was gonna go to school but job is what we need now,he make about $1900/month. he has been calling around, no one has been able to help him.

Would anyone happen to know lawyers that can help,with a low amount or even a payment plan? cause the stuff we got against her wont be heard by a judge if he doesn’t have a lawyer. please and thank you.

Can a father win custody of his child if he’s not married to the mother?

What warrants an unfit mother? Do I have absolutely no rights to my child? My girlfriend is pregnant and I want to leave her and I want my child. She has 2 kids already that her parents have custody of. She had an addiction to painkillers(she says she’s recovered) I watch her smoke and take pills and it just is killing me. She acts like she won the lottery because I have a good job and she has nothing. I fear for my child.
Wow, marry her? I’ve come to hate this woman. But If it would work I would consider. I feel desperate. I am in NY.

Child Custody, Domestic Violence, Not Married – Moved to another state?

I lived in Florida, moved to Georgia to have a baby…The baby’s father was abusive, had to go to a domestic Violence Shelter., From that shelter, i moved to Florida and in another dv shelter…..the father is trying to get full custody of our son.Does anyone know how and what will it turn out like..he has already filed papers in court for full custody…i moved back to Florida because my family and friends and my job are there…i am working full time, the kids are in a great daycare, I got an apartment so i am all set….any one have advice…….the father was also controlling, wouldn’t let me have friends, couldn’t get a job, couldn’t go anywhere without letting him know, accused me of everything, couldn’t wave to neighbors, told me what i could and couldn’t wear, then he was physical, choking me with our son in his hands, yanking me across the kitchen by my hair, etc….when i remind him of that he denies it all..i never called cops, he took phone and i was afraid they arrest me