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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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About six to eight months ago I had some questions about child

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About six to eight months ago I had some questions about child custody, Your answers were a good start for me and pointed me in the right direction, but alas, there are always complications. The mother (Amanda) of my child ((Alexis) 17weeks old now) and myself are not together and I am seriously worried about the living conditions my daughter is being brought up in.
Amanda has no home of her own, and lives with her mother. The dwelling is a mobile home. There are a couple of window unit air conditioners, a couple of open flame space heaters. The home looses power for days on end when it snows and there is no working hot water heater in the home.
While Amanda's mother takes good care of my daughter, Amanda only does absolutely minimal child care. She is very seldom even at home choosing to hang out with her friends rather than take care of her daughter.
I have sever texts saved in my phone, which indicate that Amanda drinks on a regular basis. I do not feel secure with my daughter living in that situation and my question is this, with this knowledge, do I have a leg to stand on or is it worth my effort and money to try for sole physical custody?
Hello there:

You first asked first if you have a leg to stand on, and the answer (based on what you have said) is "yes". Child custody orders are made in the best interest of the child and it is difficult to contemplate that this arrangement would be in your child's best interest. At the very least, I would expect that you would be able to walk away with an enforceable order that gives you the 50/50 to which you previously agreed.

Your next question is whether it is worth your effort and money to try for sole physical custody. Please allow me to rephrase your question to help you see what you already know: "is the health and safety of my child worth fighting for?"

You may even want to consider contacting Child Protective Services to investigate the condition of the home.

I hope that this helps.
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