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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience:  Practicing family law attorney
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Customer Question

My son signed his babygirls birthcertificat. Now he would like to get custody of her. He has her about three weeks out of the month. He wants to go to Protective Services but he is afraid that since they were not married that they would not give him custody because they were never married and the paper he signed gave his ex-girlfriend full custody. His ex has some bad mothering skills. He is not sure that is enough. Would hiring a private investigater help him get custody? And how dos he hire one? My son works and has always worked.
Submitted: 2 years ago.
Category: Family Law
Expert:  lwpat replied 2 years ago.
Is he keeping the child 3 weeks out of the month? How long has this been standard? Who is looking after the child while he is at work. Why is the mother not keeping the child more?
Customer: replied 2 years ago.
He lives with a family of husband and wife they have two children. He has the open basement to himself and the baby sleeps upstairs with the couple daughter who is around the age of 5 - 7. This house is four big bedrooms. My son pays her to watch the baby while he is at work and when he is home sleeping. In returns my son help his friend to remodeling the house. It is almost completed.
Customer: replied 2 years ago.
His ex lives with a family also but her situation is different. The house is small and she was given gurdianship of her 13 year old sister. It has ben stated to my son that his ex lives within 3 houses. She just got a job at a bar but is drinking and getting involved with men that she should not. Her bar that she chooses to work in wears little clothing. He has had the baby from the week after the breakup. He has her from Monday to the following Monday or some extra days. The ex has other things to do or the baby may be sick and he keeps her because the house where the ex lives is sick and he got the baby back to health.
Expert:  lwpat replied 2 years ago.
How long has he been keeping the child 3 weeks a month?
Customer: replied 2 years ago.
He gets her every other week but some of those weeks he has had her longer then his week. I asked him if he has her 3 weeks out of the month his respond to me was no just a couple of added days. I took it he had her longer sorry.
Expert:  lwpat replied 2 years ago.
It appears that they have what is known is a week on and week off or shared custody. I don't know how long this has been the procedure, but the longer the better for him. I don't see enough for a judge to change that arrangement. What he needs to do is to start keeping a diary of exactly when he keeps the child. He would also need to keep a list of any problems with the mother. The more he can keep the child, the better. Working in a bar is not sufficient for him to gain sole custody, he will need much more since it is difficult for a father to obtain primary custody. Here are the factors a judge will look at and he needs to start building his case based on these factors.

Primary caregiver. There is a presumption that the party that has been the primary caregiver of the child should be awarded primary physical custody.

Drug Abuse. It is fairly standard for the judge to order that both parties take a hair strand drug test and submit it to the court. Parents who abuse drugs or alcohol will not be awarded custody.

Wishes of the child. The judge may take the wishes of the child into consideration. While this is just one element, the older the child the more weight the judge is likley to give to the child's wishes.

Past custody. Who has historically had custody of the child and has that party provided a safe and stable environment for the child.

Parental behavior. Has there been domestic violence, excessive use of alcohol, criminal convictions, parental kidnapping, or any behavior that endangered the child

Encourages a relationship with other parent. Which parent will best foster a relationship between the child and the other parent. Has one parent withheld visitation to “punish” the other parent or made derogatory comments about the other parent.

Home Environment. Which parent offers the child the best stable home environment. This includes who can best supervise the child at home, the living conditions, what other adults and children, especially siblings, are in the home, the neighborhood where the home is located, which parent will be able to better continue the same school and friends.

Employment. Which parent is better able to financially provide for the child. If the parent works, what arrangements are there for babysitters, day care, etc. Does one parent travel.

Relatives. Does one parent have relatives that have a close relationship with the child.

Health. Does the child or a parent have any health issues that would impact the decision on custody. Which parent normally makes doctor appointments and accompanies the child to those appointments.

Religion. Which parent will expose the child to spiritual guidance and growth.

Relationship with child: The love, affection and emotional ties between the parent and child. With which parent does the child bond more, spends more time with the child, bathes and puts a young child to bed, prepares the child's meals and to which parent does the child openly show signs of affection.

Character. The judge will have to evaluate in a short period of time the character of the parties and whether one parents morality and credibility makes them the best parent to award custody.

 

Once he feels that he has a case, then he can retain an attorney to file for him.

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