Family Law Questions? Ask a Family Lawyer Online.
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Good morning. I certainly understand your concern as a parent. The decision to either agree to the former custody agreement, try and sit down and comprise on a new one or to object to her current attempt to gain partial custody and keep sole custody, is entirely up to you. You can certainly take the recommendation of the attorney but the final say and decision is yours. Your attorney needs to act in your best interest and if he/she is saying to agree, you may want to ask them why they feel that this is in your best interest. Why they do not think it is worth fighting? It is important to remember that the Judge is going to act in the best interest of the child. If she is mentally ill, using drugs and has questionable people living with her, the Judge is going to want to know about this and strongly consider it, before allowing shared custody. If the Judge wanted to and he had concerns, based upon evidence presented by your attorney, he could order that she submit to a mental evaluation, as well as random drug tests to make sure she is not using and make sure that this character is not present, if he is a threat or danger, when the child is around. You can ask for these things or put them in an agreed order. Moreover, if she has another child and there were issues with DCF, these issues need to be looked into, to see why the child is in foster care and what she will be able to do at this time, to properly care for your child, that she could not do in the past. If this is relevant information, your attorney can likely obtain it or ask the Judge to sign an order, releasing it, since it does go to the care of the child. Once this is all present, along with evidence to show it is in the best interest of the child to live with you, the Judge can make an informed decision. If for some reason you to do not get the answer from your attorney or find that they are acting in your best interest, you can fire them and retain new counsel. In the event that nothing can be worked out between you and her, the Judge will make the final decision and that is what the parties with be bound by.
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