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Attorney & Mediator
Attorney & Mediator, Lawyer
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Experience:  Attorney & Certified Mediator
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I went to a custody hearing 2-29-2008,Ive been the ...

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I went to a custody hearing 2-29-2008,I''ve been the one that had full custody of my 11 yr old all her life and now her dad paid 3000 dollars for an attorney i had noone and he supposedly got temporary custody doe this give him a good chance of getting full? We still have to go to evaluation. His problem with me he heard i was drinnking but not around my daughter, and i confided in the step mom about an attempted suicide and this backfired. I''ve been a great mom but the last few months of my life have been emotional. Could you PLEASE help me?
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
Thank you Customer for your question.

Based on the information you posted, it does not look good for you. It does not matter that he has an attorney and you do not, what the judge looks at are the circumstances which warrant protection of the child's best interests. Any situation which involves potential alcohol abuse or depression or suicidal tendencies is sufficient enough for the judge to grant a change in custody as the goal is to prevent any emotional abuse or trauma to the child. The concern is the child's protection not the parent's wants and desires.

Although it is commendable that you have been a good parent to this child, the main focus of the court will be the current concerns in your ability to parent, whether the alcohol or suicidal thoughts are affecting your parenting ability. It will be his burden to convince the judge that these concerns are legitimate and if the court believes him, then the judge can change custody over to him.

What you need to do is prove to the court that there are no such concerns. If you are able to, I suggest you get evaluated by a medical professional to give their expert opinion that you are currently not suffering from any depression, that there is no cause for concern to your psyche and that you do not have an alcohol or control substance problem. Only with evidence from an medical professional would you have evidence to support your position that you continue to be fit to parent. Otherwise, the judge will act with caution and can change custody over to the father to protect the child.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


Customer: replied 6 years ago.
Reply toCustomers Post: if i'm in counseling and taking medication will this help my case. my daughter is devistated by this and i am willing to do whatever i can to win her back. It seems to me they're alot of people with mental health problems. I haven't been this way forever and am currently seeking help!
Expert:  Attorney & Mediator replied 6 years ago.
Being in counseling and taking medications will help demonstrate to the court that you are committed in taking all necessary steps to have your child in your custody. The judge will need to see how long ago you have been in counseling and taking medication and if possible will ask your counselor for a progress report on your conditions. You have to remember that the judge will need to proceed with caution here. If you have just started counseling and taking medications it will be premature for the judge to find you ready to take over custody.

Instead what can happen and you need to make sure to request it for the judge's consideration is to allow temporary placement with the father and set up another court date in a few months to review your progress and to change the temporary parenting arrangement. This arrangement would reasonable as the father's custody would be temporary and would allow you time to show progress to the court. This is something you would need to offer the judge to approve.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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