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Custody question...*Update*

Posted by on Mar. 28, 2011 at 4:01 PM
  • 10 Replies

Is it better to ask for sole custody or joint legal custody?

My residence will be DD's primary residence, but I don't know which I should file for. DD's father had a meeting with her today and he had her screaming at me by the end of it. Things like "I don't love you mommy, I only love daddy!" "Daddy loves me and not you" "Daddy says you're bad!"

I don't know what to do. I have been trying to work with him but he just tries to hurt me everytime I turn around. He calls all night (up til 1am) screaming at me that I'm not letting me talk to her anytime he wants and that I should wake her up. He follows my car whereever I go to make sure I don't take her anywhere that he doesn't know about. I'm at the end of my rope, I'm stressed.


So I went to the courthouse today to file for sole custody and was informed that in this county the judge only gives sole custody in cases of serious abuse or abandonment, so ARGH! I did obtain a lawyer as well today, so thats another thing done. I am also keeping a detailed journal of his actions. My ex-husband is also providing me with an affadavit about my character, and the fact that I have NEVER kept him from visiting with our son. Thankfully my ex-husband and I have always been on pretty good terms.

by on Mar. 28, 2011 at 4:01 PM
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Replies (1-10):
esrice
by on Mar. 28, 2011 at 4:04 PM
Talk to a lawyer. With that type of behavior, I would file for sole custody. I would also keep track every time she comes home saying things like that, every time you see him following you, and each time he calls and makes demands, you need documentation of his behavior. Good luck momma!
heavenly1462
by on Mar. 28, 2011 at 4:05 PM
Omg hun! I'd keep record of all the calls,him following you,etc. That is NOT normal behavior. He should also NOT be bringing dd in on the situation and talk badly about you! It really depends on how stable you think he is. If you don't think he will be a good parent to your dd then file for sole custody. If you think hell be good to dd and a good parent file joint.
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ambermarie2006
by on Mar. 28, 2011 at 4:08 PM


Quoting esrice:

Talk to a lawyer. With that type of behavior, I would file for sole custody. I would also keep track every time she comes home saying things like that, every time you see him following you, and each time he calls and makes demands, you need documentation of his behavior. Good luck momma!


Thanks. Our custody hearing is the end of April so I will begin documenting now to show the judge.

mom2twins9909
by on Mar. 28, 2011 at 4:09 PM

hugs
I don't have any advice :(. All I can do is give you a hug!!

MOTHERofTHR3383
by on Mar. 28, 2011 at 4:09 PM
Sole custody and see about a 50B, he most def doesn't need to b calling at those hours and following you that's a lil creepy. Good luck
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lenoxclan
by on Mar. 28, 2011 at 4:14 PM
I'd go for sole.. that's is mental abuse he is doing to her right there..
MommaLion316
by on Mar. 28, 2011 at 4:19 PM

You need keep everything that happens on record! I agree with everyone you need to get a lawyer, he's trying to play dirty by getting her to go to his side. I would ask for sole custody definitely, he sounds unstable and the following you around and calling at all hours of the night needs to stop, these are all things that can hurt him in a custody battle, especially since he's clearly using your DD to hurt you, that shit is not right!

ambermarie2006
by on Mar. 29, 2011 at 4:58 PM

BUMP!

silverdawn99
by on Mar. 29, 2011 at 5:20 PM

i dont know but here is a good luck for you!! he sounds nuts!!!

blg5484
by on Mar. 29, 2011 at 5:27 PM

we fought with DH little boys mom from the time he was 3 months till he was 15 months. We took her to court long story any way we kept records of everything she did every conversation ect when it came time for court we never saw a judge and none of it mattered . The courts have a standard they go by joint legal with a primary residence visitation everyother weekend and every wednesday every other holiday . the two of you could agree on your own for visitation above that and have it put in the court papers but that will be done between the 2 of you and a mediator. Any agreements made and not ordered by the court do not have to be followed. When the stuff with Dh son was finally done they agreed to split every week she did that for about 3 months then got pissed and would not let DH see him more then every other weekend and I can say that is NOT enough time to see your child. Any way good luck

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