re: Won't bring him home

So if I file for emergency custody he doesn't come home with me?

http://singleparents.about.com/od/relocation/a/emergency-custody.htm

And if two parents can't get along, you can be granted sole custody.

<blockquote><b>Quoting Megan&Julian♥:</b>" So if I file for emergency custody he doesn't come home with me? http://singleparents.about.com/od/ ... [snip!] ... And if two parents can't get along, you can be granted sole custody."</blockquote>




Wrong and wrong. Keeping a child from the other parent can be considered harmful to the child. They will serve him paper work and return him to you. If they granted custody based on parents not getting along almost every child would only see one parent. It is not considered in the best interest of the child to keep him away from either parent if the parenr is not a danger to the child.

And if he does not reply back to the courts with the paper work on time or at all you get full custody.

Quoting 1inpink2inblue:" <blockquote><b>Quoting Megan&Julian♥:</b>" So if I file for emergency custody ... [snip!] ... considered in the best interest of the child to keep him away from either parent if the parenr is not a danger to the child."

I was asking if he would come home with me. But for the other one, i just read about it like a week ago. If one parents refuses to get along with the other that's also harmful to the child to be exposed to arguing all the time.

8 – If you fight a lot with your spouse, be cautious about joint custody. If the nature of your relationship is such that you can’t speak calmly to one another for more than five minutes, joint custody will be a problem. In joint custody, each parent has a legal right to participate in making major decisions for the children. That means you’ll be required to have a lot of interaction with your spouse, which can set the stage for long-term bitterness and conflict. The resulting hostility can have a damaging emotional impact on your kids, and lead to a host of problems and adjustment issues later on.
Here’s the most important thing to remember about joint custody: it only works when parents can agree with one another. If your spouse and you don’t see eye-to-eye on raising your kids, or continually fight, you’ll probably be making many trips to the courthouse. Think carefully before agreeing to joint custody in these circumstances.If you can’t get along, you may have to pursue sole custody.

Quoting Megan&Julian♥:" I was asking if he would come home with me. But for the other one, i just read about it like a week ... [snip!] ... carefully before agreeing to joint custody in these circumstances.If you can’t get along, you may have to pursue sole custody."

even if you pursue sole custody, most judges these days will not give it to you. they give alcoholic dads joint custody every day. there are different types of custody though. you could have full primary custody with joint legal custody. where the child LIVES with you, and he gets ordered visitations, but both of you make legal decisions (like medical, religious, school, etc.) only a lawyer can help you make these decisions and spell it all out for you. go see one ASAP. and don't try to make it seem like you want custody because you just don't get along with him. judges will look at this poorly.

Quoting Megan&Julian♥:" I was asking if he would come home with me. But for the other one, i just read about it like a week ... [snip!] ... carefully before agreeing to joint custody in these circumstances.If you can’t get along, you may have to pursue sole custody."

A lot of things factor into getting sole custody. The age of the child, involvement of the other parent prior to going to court, the sex of the child, ect. And while that might be a valid reason (to you) to seek sole custody it is by no means a valid reason for them to grant in now a days. And even if you DO get sole custody that doesn't mean he is never going to let him see his kid again. He will still get visitation if he wants it. I have sole custody of my DD but her dad still gets visitation once a weeks. Making your "we fight to much" argument a moot point. Also they do not favor the mother any more. Fathers are just as likely to end up with custody as the mother. I know more fathers who have sole physical or join custody of their kids than moms with sole custody. And the judge tends to favor the parent that actually encourages a relationship between the child and other parent.

Quoting 1inpink2inblue:" A lot of things factor into getting sole custody. The age of the child, involvement of the other parent ... [snip!] ... custody. And the judge tends to favor the parent that actually encourages a relationship between the child and other parent."

This and I could be wrong but sometimes in the case that the parents "cant get along" long enough to even do a pick up drop off they will usually have a 3rd party do it. Grandparent or something like that.

Quoting Jennybananna:" This and I could be wrong but sometimes in the case that the parents "cant get along" long enough to ... [snip!] ... along" long enough to even do a pick up drop off they will usually have a 3rd party do it. Grandparent or something like that. "

Yep I even know of a couple of cases where they had to do drop offs and pick up at the local police station.

get a good lawyer even then it will probably take 2 weeks. I suggest after this experience getting a legal agreement