The type of incidents mentioned on the discussion page (false reports to child protective services, failure to keep promises, non-payment of child support, not adhering to visitation schedules, badmouthing the mother) are seldom helpful in a custody dispute if they are only presented as allegations. The better option would be to document all events that could be deemed harmful to the child in question. It can be extremely helpful if one can enlist the aid of teachers, counselors, ministers, and so forth, any honest and reputable person who has the child's best interest at heart and would be willing to give unbiased testimony. "Mud-slinging" is NOT the way to convince a judge who is the best parent, nor is submitting false or misleading statements as to someone's character. Family court judges are very good at ferreting out the truth from all parties;those persons who try to make themselves look good while making someone else appear "bad" will not be looked upon favorably by the court.
I am going through the same ordeal right this moment ad I will tell you this, read everything you can on what your wife can (and will) do legally. Unfortunately, and women will never admit to having the legal advantage, you must read read read! Know your enemy. Start establishing a more maternal role in the day to day activities of your children including, putting them to bed ad waking them up, taking them to school, sports, doctor's appointments, and activities. See to it that you will be able to manipulate your work schedule around your children's needs. Once you can do this, make a point to document as many examples as you can. If she is dating someone, have a lawyer help spin this to your advantage. I know this may seem harsh and unfair and i truth it is or we wouldn't have ever gotten married, but divorce is nothing short of a MAJOR life changing experience and she can and will rob you of your father's right if you let her.
It is important to learn how to interview and hire the right attorney. It is also important to collect evidence as much as possible on your own and not pay the attorney to do it.
Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.
Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You're that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state.
Now, you can't just record, you also have to transcribe it into your daily journal.
The father must consult with an attorney who specializes in custody issues who can review the situation and explain the father's rights and options.
If the mother presently has custody you need to provide evidence to the court that there has been a significant change in the circumstances that led to the first parent being awarded custody or that the custodial parent is unfit. Unfit as a legal term is a determination that must be made by the state court. Every parent at odds with the other parent thinks the other is "unfit" so it's not simply a matter of opinion.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
If the parties are presently in the process of divorce an experienced attorney is essential because the case will need to be carefully prepared and experience in a particular court is extremely valuable. The judge must have convincing evidence that father having custody is in the best interest of the children. The court will consider the father's role in child rearing prior to the divorce action. Who provided the most day-to-day care? Who accompanied the children to doctor's and dentist's visits? Who went to teacher conferences, school plays and sports events? Who assisted the children to dress for school and prepare their homework? Who will care for the children while the father is at work? If the father has legitimate concerns that the mother is incapable of caring for the children properly he needs evidence that will convince the court. However, the motive should be honest concern for the children and not avoiding child support or a desire to hurt or control the children's mother. Your lawyer will review your situation and explain your options.
Many men take an active role in raising their children. If the father was the primary caregiver then he should definitely be considered for custody since caregiving should be one of the the main qualifications for awarding custody along with health, safety and stability.
File a habeas corpus lawsuit in the appropriate state court in the county where the minor child resides.
You can't be sure. You must have a good attorney and the court will decide what's in the best interest of the child.
kill them
It regards the issue of getting an emergency custody order for a child in need of care.
The person with full custody has the right to have the child live with them permanently and has the right to make all decisions regarding the child without interference.
That does not mean you have full custody. Even though the father is not around you should still go for full custody. Theres always that chance the father could back around and that child is not with you he has just as much right to that child as you do.
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.
The baby's grandparents could get custody.
It regards the issue of getting an emergency custody order for a child in need of care.
No.
Even without full custody, a parent is still a parent. Make sure that you have an open dialogue with your child so that you can discuss these types of things with them.
The person with full custody has the right to have the child live with them permanently and has the right to make all decisions regarding the child without interference.
By determining that the right of a parent to primary custody of the child supersedes the best interest of the child.
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.
Custody is a separate issue from money. Child support payments are about money. Custody is about who raises a child, who is in charge of that child and with whom does that child live.
No. If the child's' mother calls the police you could loss custody of your child and possible go to jail. If I was you I would contact a lawyer who specializes in child custody cases. If you can get a notarized letter from the mother saying it is okay and giving you full custody.
If at the custody hearing, the judge believes that you are the cause of the child's overweight problem, the father could very well win full custody. If you can afford it, hire a lawyer to argue for your side.
How does he have any visitation rights with a custody and child support order?
You may have to pay child support to the one who has custody of your children.
If the mother has the full custody then she can take the child, and she can get the child support. If she doesn't have the full custody, then she is not allowed to take the child without the father consent, but she still can get the child support.