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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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i recently had my gf arrested for domestic battery, now she

Customer Question

i recently had my gf arrested for domestic battery, now she is threatening to try to take custody of our daughter. i honestly dont think she is in the right state of mind to take on custodial responsibilities. how do i go about getting custody and is there anything i need to consider to protect myself and my family?
Submitted: 7 years ago.
Category: Family Law
Expert:  Samuel II replied 7 years ago.

hi

 

thank you for that information. are you on the birth certificate as the bio father?

Customer: replied 7 years ago.
yes
Expert:  Samuel II replied 7 years ago.

hi

 

you can file for custody - sole physical custody and sole legal custody. you would be able to make a case that you are the better parent and it is in the child's best interst to be in your care, at this time.

 

you need to go to the clerk of the court in the county where the children reside to file. you may be able to do it pro se, if they have forms that can easily be filled in - or you might consider speaking to a local attorney to help you.

 

but that is your recourse.

 

Customer: replied 7 years ago.
do issues in our romantic relationship have any bearing on a courts decision
Expert:  Samuel II replied 7 years ago.

hi

 

the court will look at what is in the best interest of the child. if you bring up domestic violence, drug use, alcohol abuse and generally being a lousy parent, the court will consider that. likewise, she can bring those issues up, too. if you have something specific you are concerned about ask me

Customer: replied 7 years ago.
im sure she will claim that i was unfaithful, i just want to be sure that her accusations of such wont have a standing since they dont really concern our daughter
Expert:  Samuel II replied 7 years ago.

hi

 

no. a court should not take into consideration, unless she can impeach your character by the company you keep - meaning you hang with drugs dealers or other thugs, etc. a court is going to look for a good home and education plan. the type of environment where the child will be living, etc.

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Customer: replied 7 years ago.
thank you, XXXXX XXXXX been very helpful. is there anything else you can think of that i should consider?
Expert:  Samuel II replied 7 years ago.

hi

 

you should gather as many photos of you and your daughter participating in family events together - photos of her room, etc - if she is in school, those records showing she is doing well. also get together as many character witnesses as you can to attest you are and always have been a good father. letters to that effect are helpful from those who dont want to be in a courtroom.

 

also possession in 99 % of the law. so if you have possession of your daughter right now, you do not need to permit vistation - if there is no court order

 



Edited by Samuel-II on 11/1/2009 at 10:11 PM EST

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