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could i get primary custody??

Posted by on Mar. 28, 2013 at 11:20 PM
  • 12 Replies
My ex said he was willing to sign over his rights to me but i know the court just doesn't grant it that easy. So is there anyway he could just say that i could have primary custody an him have visitation? And it's up to him whether he uses his visitation or not. I know the court looks at the best interest of the child an my ex a history of violence, damages to property an drug use an ADHD so could the court see that an give me primary? And If he's also willing to?
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by on Mar. 28, 2013 at 11:20 PM
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Replies (1-10):
Oliviasmom72
by Silver Member on Mar. 28, 2013 at 11:22 PM

If he is willng to give you sole custody and not fight it of course. He still likely though is going to get visitation.

JessLin79
by on Mar. 28, 2013 at 11:29 PM
Sure, you can get sole custody or you could have joint custody with you being primary care giver. Sounds like you should ask for sole custody, that way you don't have to consult him on major decisions like school and medical decisions concerning your child.
proudmother5946
by Member on Mar. 29, 2013 at 12:25 AM
I have sole legal custody and primary physical. He gets visitation once a year, unsupervised is at my discretion. I get to claim her on my taxes every year also. He gets to pay CS.
lovebienmom
by on Mar. 29, 2013 at 12:36 AM

As far as I have learned the courts usually go with whatever agreement the parents decide, its when they cannot decide in the mediation process that it goes to the court. If it does go to court it is possible to obtain sole legal and physical custody, where the non custodial parent has set visitations.

Mommyto2LilMen
by Tina on Mar. 29, 2013 at 7:38 AM
Sounds like you could easily get sole custody!!
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tottaxi
by Member on Mar. 29, 2013 at 7:50 AM

Why settle for sole custody if he is willing to sign over his rights?  Sole custody IS the way to go, but if my ex had offered to remove himself completely I would have been THRILLED.

randi1978
by Murdoc's Mistress on Mar. 29, 2013 at 7:52 AM
1 mom liked this

What does ADHD have to do with this?

newlife2013
by on Mar. 29, 2013 at 7:57 AM
Have him discuss it with his lawyer, if its true save yourself from years in court, and def tell your lawyer everything he did in case he changes his mind, however in the future if he changes his mind, his past behavior is forgiven since 'everyone.changes' in the eyes of the judges...my ex is a disgusting indiv with a terrible past with tons of secrets I learned of afterwards, he just says he changed and all is forgiven. Good luck to you
mumii17
by on Mar. 29, 2013 at 9:16 AM
He can't keep a job more them 3 months always jumps around n well the docs said his ADHD could be apart of it...


Quoting randi1978:

What does ADHD have to do with this?


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faerie75
by Ruby Member on Mar. 29, 2013 at 2:36 PM

 his having adhd doesnt help your case at all. the rest might.

if you go to mediation with him and he agrees to every other weekend (or whatever vist arrangement) and you are cool with it too, they will say fine and sign it an order.

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