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How to win my child custody case as a single mom

Posted by on Jan. 20, 2013 at 3:09 PM
  • 12 Replies

Hi everyone, I am going through a child custody battle with my sons father he went and filed trying to get full custody of him (physical custody) after we agreed to 6 months with me and 6 months with him last year because Drake wasn't starting school and to keep the relationship going since I moved out of his home and I was supposed to get Drake back and raise him while he pays child support, He says that he can provide better but the thing is he works a seasonal job so when it comes to the winter time times get very hard and when he job gets back up again he is never home, as to me yes right now I can say I am staying above water but my job is year around and my schedule is basically set so I can be there for Drake as far as after school activities in such, we already went to a hearing and Drake has to stay one week with me and one week with his dad which is very unstable, how can i get the judge to see that my son is better off with me regardless, plus since i moved to the city I am around family and he is around more diversity with me than out there with his dad which is nothing but white people.

by on Jan. 20, 2013 at 3:09 PM
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Replies (1-10):
brieri
by Platinum Member on Jan. 20, 2013 at 3:41 PM

Hi and welcome to the group.

Once something already is established such as your case, it is very difficult to prove or disprove of what happens in the future.  I wish I could give you better insight.  I myself have been through a very long and tedious custody battle for years, with no success of getting my kids back into my care even just geting visitation when requested. 

raegan1221
by Raegan on Jan. 20, 2013 at 3:45 PM
I think its very difficult for Dad to get custody unless he has good proof you're unfit...and since you already have an agreement I think it'll be hard to change it.
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raegan1221
by Raegan on Jan. 20, 2013 at 3:46 PM
1 mom liked this
If it were me, honestly I'd go for regular/standard visitation for the Dad. I think your child going 6 months without you is going to be hard on him later.
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tyfry7496
by Janet on Jan. 20, 2013 at 6:17 PM
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I agree. I would never consent to being without my child for 6 months. Every other weekend and 2 weeks during the summer, sure but not much more.

Quoting raegan1221:

If it were me, honestly I'd go for regular/standard visitation for the Dad. I think your child going 6 months without you is going to be hard on him later.
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conniejo75
by Bronze Member on Jan. 20, 2013 at 6:24 PM
I believe in shared custody when possible. But never 6 months at a time . How old is child? How close to each other do u live?
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pricemp2012
by on Jan. 23, 2013 at 4:16 PM

Oh no, ok yall missed understood me, last year I agreed to 6 months with me then 6 months with his dad but it was just for last year alone and then he was supposed to pay child support and I raise him starting the beginning of this year because he just turned 5 years old the 11th of this month, but the father went and filed trying to get him for good his reasons for doing it is one he said he was concerened for his son's wellfare and wellbeing (which offended me because I have been raising him and knew I was doing a good job since me and my son moved from his home) but then when I got the papers and confronted him he changed his story and said that he can provide for him better,  we had already went to court and now our son has to be with him for a week and then with me for a week, so what I am asking how can I win my case to wear I get full custody and for him to pay child support and for him going behind my back and breaking our agreement just all in all making sure that he pays for what he has done.

 

conniejo75
by Bronze Member on Jan. 23, 2013 at 7:55 PM
If judge granted 50/50 you will have a hard time changing it without proving he is unable to provide care. And vice versa.


Quoting pricemp2012:

Oh no, ok yall missed understood me, last year I agreed to 6 months with me then 6 months with his dad but it was just for last year alone and then he was supposed to pay child support and I raise him starting the beginning of this year because he just turned 5 years old the 11th of this month, but the father went and filed trying to get him for good his reasons for doing it is one he said he was concerened for his son's wellfare and wellbeing (which offended me because I have been raising him and knew I was doing a good job since me and my son moved from his home) but then when I got the papers and confronted him he changed his story and said that he can provide for him better,  we had already went to court and now our son has to be with him for a week and then with me for a week, so what I am asking how can I win my case to wear I get full custody and for him to pay child support and for him going behind my back and breaking our agreement just all in all making sure that he pays for what he has done.


 


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tigerlilly333
by on Jan. 23, 2013 at 9:48 PM

Find support in your public places. Courts look kindly on being involved in community services. That seems to me like it would be too traumatic for a child... one week here, one week there... idk

Judges love single mothers who take advantage of community resources. Use all resources (not just family but public resources) possible... before you go to court...

massconfusion14
by on Jan. 23, 2013 at 10:20 PM

Judges have no heart! When I was young and my parents split up, switching back and forth tears me apart and I'm terrified that it will happen to my daughter. As others have said, it will be very hard for him to change the agreement, he has to show substantial evidence that circumstances have changed (I spoke with an attorney today). Good Luck :(

pricemp2012
by on Jan. 24, 2013 at 4:12 PM

this is just up until the final hearing'

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