Full Custody?
posted 11th Dec
I want to file for full custody of my son, I've discussed this with BD before he said he would give it to me. Knowing him he'd probably change his stance at the last minute. The reason is because I raise him alone, I've probably gotten $300 dollars out of him the whole 2 1/2 years since LO has been born. He rarely calls and when he does it's not to see how is son is doing. It's to complain about his life. I can probably count on two hands how many times he's seen LO. He will be like oh I'll come by on this day and that day comes around and I never see or hear from him and he doesn't answer my calls. Whatever. He's 8 years older than me and treats me like a child when we speak. I get angry and he starts trying to manipulate me, well it worked when I was 17 but it's not going to work anymore. He's told me that since he makes more money than me the courts would be in his favor. He was absent for the first 1 1/2 of his life unable to be located. I don't make a lot of money and I live with my parents. I think my living situation is more stable than his. Sure he has his own place but he can barely feed himself and the only reason he's cocky now is because he has a new girlfriend helping him with the bills. I help out financially here, we have our own space. As long as we are here we don't have to worry about having the things we need.
What are the chances that a judge will be in his favor? My logical side says they will laugh at him but I don't want to open a can or worms I can't handle KWIM?
quoteI have 1 child & 1 angel baby & live in
Kentuckyposted 11th Dec
Unless they can prove that he is unfit, they won't let him sign away his parental rights unless someone else is wanting to adopt him.
quoteposted 11th Dec
Quoting Elle With Three &1/2:" Unless they can prove that he is unfit, they won't let him sign away his parental rights unless someone else is wanting to adopt him."
^^ True story.
quoteposted 11th Dec
Yeah I read that online tonight, he wanted to sign them over to avoid legal obligations. I would go for sole custody but I know that it's very hard to get. As far as I know BD isn't a drug addict so it would be difficult to prove him unfit. I could probably do it by proving him neglectful but I really don't know how I could prove that.
quoteI have 1 child & 1 angel baby & live in
Kentuckyposted 11th Dec
My lawyer told me that the only time that can happen is the death of the other parent or if you remarry and your husband adopts. Good luck!
quoteI'm TTC since April '13, have 4 kids & 1 angel baby & live in
Ohioposted 11th Dec
I know in Indiana they will look at the best interest of the child as in who the primary care giver is and where the child is living. I don't think they would rip him away from you because his dad makes more money. I know several cases I have seen where mom is on welfare and dad makes 30000 + a year and mom still gets the kids
quoteI have 3 kids & 1 angel baby & live in
Indianaposted 11th Dec
U can file full custody, but they won't strip his rights... if he fights in court u can give visitation... and ask for child support...
Unless he can prove u unfit, like drug addict, leaving baby places, they won't give him full custody...
quoteposted 11th Dec
LO hardly knows BD, every time he visits it's like they meet for the first time all over again and I have never referred to him as "Dad" to LO. I just call him by his name considering the circumstances. I would hope a judge wouldn't do something like that it would just be cruel.
quoteI have 1 child & 1 angel baby & live in
Kentuckyposted 11th Dec
Quoting Captain Awesome:" LO hardly knows BD, every time he visits it's like they meet for the first time all over again and I ... [snip!] ... him by his name considering the circumstances. I would hope a judge wouldn't do something like that it would just be cruel."
Unless there is someone else there that is wanting to adopt him, they will not strip the father. They do this in case something happens to you, as well as in case you ever need financial assistance from the state they WILL go after him to help as well.
quoteposted 11th Dec
<blockquote><b>Quoting Captain Awesome:</b>" LO hardly knows BD, every time he visits it's like they meet for the first time all over again and I ... [snip!] ... him by his name considering the circumstances. I would hope a judge wouldn't do something like that it would just be cruel."</blockquote>
Tbh... my ex had never met my son... ever he was 3 years old, because I had filed for cs and no custody agreement was in place, he filed and never served me... went to court and got full custody... my ex was on parole at the time for loaded fire arms... showed up at my house with cops and I had to hand my 3 year old to some man he never met...
Cost me 7,500. And 6 weeks without seeing my son... when I went back with lawyer the substitute judge had to overturn everything because it was an emergency hearing and the original judge was on vaca.
I had to do hair folicle test, get all my sons med records about his bc, all the papers from his school saying what a well adjusted boy he was, his director from the learning academy had to come in and be character witness for me... eventually he found that I was not whatever my ex ran his mouth about and gave me Dean back, gave us 50/50 legal custody 30/70 physical custody and I agreed to not ask for cs and pay for Deans insurance outta pockeet...
quoteposted 11th Dec
<blockquote><b>Quoting Captain Awesome:</b>" LO hardly knows BD, every time he visits it's like they meet for the first time all over again and I ... [snip!] ... him by his name considering the circumstances. I would hope a judge wouldn't do something like that it would just be cruel."</blockquote>
Tbh... my ex had never met my son... ever he was 3 years old, because I had filed for cs and no custody agreement was in place, he filed and never served me... went to court and got full custody... my ex was on parole at the time for loaded fire arms... showed up at my house with cops and I had to hand my 3 year old to some man he never met...
Cost me 7,500. And 6 weeks without seeing my son... when I went back with lawyer the substitute judge had to overturn everything because it was an emergency hearing and the original judge was on vaca.
I had to do hair folicle test, get all my sons med records about his bc, all the papers from his school saying what a well adjusted boy he was, his director from the learning academy had to come in and be character witness for me... eventually he found that I was not whatever my ex ran his mouth about and gave me Dean back, gave us 50/50 legal custody 30/70 physical custody and I agreed to not ask for cs and pay for Deans insurance outta pockeet...
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