Father of my son filed for joint legal and physical custody, can I now file for sole custody. What will happen?
Since my son was born I have taken care of him beside no help from the father. He has been on the dole since he was born. We were doing every other weekend, until my sons father got his second DUI and go to Jail. Since then my sons visits with his father hold been here and there. My sons father lives in a one bedroom apt. near his mom and sister. They all smoke pot. What can i do to ensure that I can get sole legal and physical custody of my son. Also he folder for joint legal & physical just so he does not own to pay any support.
Best Answer:
The courts lean twards the mother, but hesitate to give sole custody. You must prove his unfitness the same as he would for you. Physical evidance is needed. Pictures, arrest reports for drugs, proof (in writing) of dearth of income, (yours must be substantially better). Any physical evidance of abuse will help, but don't manufacture evidence. It will backfire on you, and you could loose your kids. Social services can assistance, but usually just muddies up the situation. Get a lawyer and a private investigator. good luck.
Now, you'll both pay lawyers lots of money. It's unlikely that any court in its right mind would even consider giving daddy custody. If you can bring back someone to testfy to first hand knowledge of the pot smoking, it would help your do.
Ah...tip off the cops about the father's drug use. If they bust him (and his family), he will probably progress to jail AND this will make him unfit for custody. Problem solved. And for all the men who are going to furnish me a thumbs down, this is nothing to do with the sex of the parent, but the fact that I don't reckon that any parent should be using illegal drugs when they have children. It sets a bad example for them, and it is corrupting. As for custody, you find yourself a lawyer and go ahead and file for sole residential and decriminalized custody, asking for child support. And ask for supervised visitation based on the fact that the father has have two DUIs and you believe he uses illegal drugs (ask that the father be randomly tested for drugs and alcohol). If your lawyer is appropriate enough, you will get custody easily. The courts aren't going to impart custody to a drunken drug user. As for child support, he will be ordered to pay but he will probably refuse. The courts can then nullify his driver's license and passport, and seize his tax return and possibly other assets (like a bank details, car, etc.). And if he still refuses to work to support his kids, he could even go to put in prison. Good luck!
