What type of thing would a court look at to determine Temporary Custody of children in a custody dispute? My daughter left her boyfriend due to domestic violence. She has been living with me since Jan 2012. She has 3 young kids. Ages 5, 3, and 2 years old. Her boyfriend has filed for sole custody of the children. The case has not been heard in court yet. The kids are living in my house. Dad is mad because the 5 year old hit her face while swimming in a small pool in my yard. There was a piece of cement that was next to the pool that she accidently hit her face on which caused a bruise on her cheek. He told my daughter he was going to get a temporary order to get the kids because he says my house is unsafe for the kids. Is this a reason the court could make my daughter give the kids to their dad until the final hearing? He is not an appropriate parent to have full time custody of thee children. He is too ill, physically and mentally and the children are not well supervised while in his care.
State/Country relating to question: Arizona
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When making custody decisions, a judge must do what it believes is in the "Best Interest of the Child(ren). Some of the factors a court considers would be a party's actions during and after the relationship, the relationship between the children and each parent, the relationship between siblings, which parent is more likely to foster an open relationship with the non-Custodial Parent, as well as who has been the children's primary caregiver.
While a court could award custody to a parent if they find the home they are living in is unsafe and the children are at risk of harm, the father would have to present evidence of this. If he's basing his entire argument on what was clearly an accident, I do not see him succeeding. One minor bruise on a small child does not make for a dangerous home.
Also, there is the issue of Domestic Violence - if your daughter has any evidence of that, such as police reports or pictures or medical/hospital reports for injuries incurred, she'll want that. That's going to be a much bigger issue in court, because if he is being violent with her, you can bet a judge is going to have concerns that he will be violent with the children.
I think he's blowing smoke and trying to scare her right now, but not likely at all to get sole custody.
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The violence was mostly verbal with a couple known times where he got mad and threw a chair into the tv and broke the screen, and he kicked or punched the bedroom door when my daughter and her kids were in the room. The doorknob flew off the door and almost hit one of the kids. He has physically grabbed her and pushed her out the door and she fell to the ground, the kids witnessed this. She never called police for these issues, only times he tried to physically take the kids from my daughters custody. One time he took her keys from the ignition by reaching in through an open window and then preceeded to take the kids out of her car. He got 2 of them out. His abuse is verbal threats. She left and went to a domestic violence shelter. The victims advocate center helped her get into a shelter
She can certainly bring up the incidents, but without proof, he'll of course deny everything and then it's up to a judge to decide if it's a "wash" or whether what she is saying has any credibility.Even without the domestic violence issues though, I stand by my answer that it is highly doubtful he would get custody, much less sole custody, because of what happened in the pool. It was nothing more than an accident, and little children are known to clumsy as well. That doesn't mean the home they are living in right now is unsafe or that your daughter is failing to provide properly for their care or is endangering them in any way.
can she loose custody because she has no job, and no place of her own? She is living with me and has been since Jan 2012. My husband and I are supporting her and the kids right now. Dad does not pay child support. He gives a little money here and there but no set amount, and not on regular basis. usually just what money he has in pocket. He has a job and he has a house he rents, her name is XXXXX XXXXX lease too.
Possibly, sure -- but the judge is going to be more concerned with the welfare of the children. If she was out on the street and they were going jhungry, it would be a different story. As long as they are currently being supported (which it sounds like they are, very well) and she can show she's making efforts to find work, I think she'll be okay. Additionally, a court can order that the father start paying child support as well, because both parents have an obligation to financially support the children.
She is not currently looking for work. Her son has medical issues and is currently being followed by several doctors to properly diagnose him. He has several dr appointments which she feels would become an issue with an employer, plus finding a baby sitter that is willing to care for him is another issue. Right now I am supporting the kids and my daughter. The father will not pay child support right now because he says they dont need anything. And if they do he says he will get what they need but he will not give my daughter any money until the court makes him.
The court is definitely going to make him pay support, there is no question. He doesn't get to decide what his children need or don't need or whether he should pay and when.Can I predict what a judge will ultimately do? No. Ultimately, each judge is going to do what is best. Do I think he will get sole custody? No. Again, it goes back to what is in the best interest of the child. The children appear well cared for and supported. The father sounds violent and uninterested in properly supporting his children, and I got that just from what you wrote - so if it's that obvious to me through a computer screen, it's going to be obvious in court, as well.As for a job, I can tell you that at some point, she's going to have to get one. A judge may not come out and say that, but both parents have a duty to support the children. Understandably she may not be in a position to do that now with a child who has medical issues and until more is known about that, it's clearly hard to know how to plan. But she will want to make clear in any custody hearing that this situation is temporary -she is doing what is best for her children right now, taking them out of a harmful situation, and eventually plans to support her children on her own.
Thank you for your honest answers. She does plan to get a job, just now is not a good time for her to do that. While she was living with her boyfriend he never wanted her to work. She had a job once but had to quit because of him. I hope the judge will not give the kids to him just because he has a job and a house. The kids are well cared for. My daughter is a good mom. It took her a few years to get the courage to actually leave him due to all of the threats he made,but she finally realized she had to risk his threats being true, to what is best for the children. The kids behavior is so much improved since being at my house.
A job and a house don't necessarily make for a good parent, just like a parent without a job doesn't make for a bad parent. That's why the court looks at all the factors when making a decisiion - who is the primary caregiver to the children, what is the relationship of the children to each parent, have their been incidents of domestic violence, who will foster a relationship between the children and non-custodial parent, etc.
Of course, my pleasure.
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