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He wants full custody. I want joint custody.?
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He wants full custody. I want joint custody.?
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| 27/12 2013 17:04
Court will decide.
| 27/12 2013 19:43
First of all, do not downplay domestic violence. It is a crime and is not just a violation at all. If you were convicted of it, you have a criminal record, whether you know it or not and whether you want to believe it or not. If you are not able to provide for your son, the judge probably would not award joint custody. If the child's father has a good and supportive home, he might very well be awarded sole custody but, that doesn't mean you would not get visitation. The judge may order an evaluation of both of your homes and other factors to help make his decision. It is impossible to predict what his ruling will be but, if either one of you does not have a suitable home for the child and if the other person does, then the end result is predictable. Since you have said you cannot manage on your own, handing over the child sounds like it would be best for both of you and, perhaps, you can work out a visitation schedule that you and this guy are happy with. That would save a lot in attorney's fees. Good luck.
| 27/12 2013 19:01
If he gets full custody then he will not have to pay child support, you will. He really does not want full custody, what he wants is to not have to pay child support. So your response of joint custody will give him exactly what he wants, with joint custody neither side has to pay support to the other. He will get the kid half the time, so you will you and you will both be responsible to take care of the kid with your own money for the half time that you have the kid. You need a good lawyer. When you lay out the joint custody, you need to make it FIRM and in writing.
| 27/12 2013 17:09
Only a Judge will decide but if you want to be credible start using the words OUR son and stop saying # I allowed him # There are 2 parents for the child. Only a Judge allows.
| 27/12 2013 17:18
the main thing to do is stay out of trouble and keep a job. more than likely things will work out for you.
| 27/12 2013 18:39
You have a much better chance of getting joint custody than he has of getting full custody. If your child was taken by CPS in regards to the DV incident, immediately, THAT would have a HUGE effect on your case. But if your child stayed in your custody throughout the entire thing, then the state does not view you as unfit. You would have to be declared unfit for him to get full custody of the child. Courts favor relationships with both parents, but the mother almost ALWAYS gets full physical custody, in regards to UNMARRIED couples. If you & the father have never been married, he stands close to no chance getting full custody. If he tries to say that you're an unfit parent, it will likely work AGAINST him. Because the judge will ask him why you had no problem this entire time, with your child living with you. If you were so unfit, & your child was not safe, then he should have done something immediately. If he didn't, then he is also unfit. So, this may come around to bite him in the rear! I do want to say, though, that some judges have very little tolerance for DV. There IS still a small chance that he could get his way, if you get one of those judges. I would be VERY careful in regards to the DV. Maybe enroll in anger management, & a domestic violence course, to show the judge that you understand the seriousness of it. I just reread the question & noticed you said he hasn't seen your son in 8 months? If he hasn't seen the child in 8 months, there is a 0.00000000001% chance he will get full custody. I have never seen that happen, & I can almost guarantee it won't. A judge will NOT take a child away from the one parent that has been caring for them their entire life, & give them to an absent parent, with whom they have no relationship.
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Seven Dials, in central London, is a good place to people-watch. Outside the Crown pub, ruddy men laugh loudly, sloshing their pints; shoppers’ heels click on cobblestones; and tourists spill bewildered out of a musical at the Cambridge Theatre. A column marks the seven-street intersection, and its steps make a sunny perch for gazing on the parade. Charles Dickens soaked up the scene here too, but saw something utterly different. Passing through in 1835, he observed “streets and courts [that] dart in all directions, until they are lost in the unwholesome vapour which hangs over the house-tops and renders the dirty perspective uncertain and confined.” There were drunken women quarrelling—“Vy don’t you pitch into her, Sarah?”—and men “in their fustian dresses, spotted with brick-dust and whitewash” leaning against posts for hours. Seven Dials was synonymous with poverty and crime, a black hole to most Londoners. Dickens stormed it with pen and paper. It’s hard to conjure the notorious slum from the column steps
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