What are the chances of me the father getting full custody considering this situation?
My GF and I live together and have a infant daughter and we are located in the state of Virginia. This is where our daughter was born. My girlfriend wants to move to another state with our daughter and I don’t agree. My GF has no driver’s license, job, no place, or transportation where she is moving to. Not to say she could not or would never get these things but she don’t have them now. She would more then likely try to get all of the things she can’t get on her own with public assistance. However I am established in my career, make good money have a 3 bedroom townhouse, a driver’s license a car and can provide medical insurance for our daughter.. It is common sense that it is in the best interest for me the father to have custody of our daughter. What are the chances I would get full custody if I tried considering these circumstances?
- IssymLv 51 decade agoFavorite Answer
Instead of worrying about full custody, what you need to do is file for her to have to remain in the state. This way she can not remove your child from the state. This will give you the time you then need to file for custody. Most places now are doing the 50/50 split with parents. Your best bet is to go to the court asking for an open parenting plan splitting the child's time equally between the both of you. The judges favor these more then one parents rushing for full custody of a child. If she is a good parent and you are too this is what is fair to the child. Good luck to you.
- RawrrrrLv 61 decade ago
Unfortunatley, the court system doesn't just look at the money situation - it looks at the family situation. Most courts are in favor of keeping kids with their mothers unless their mothers are unfit (drug/alcohol abuse, physical abuse, etc). Just because you have a better means of living doesn't mean you will get full custody of your daughter.
However, you may be required to pay your GF child support if she moves/seperates from you. If you are serious about getting full custody then get a VERY good lawyer and try to prove that your daughter is in danger with her mom and would be better off with you.
But, a better solution might be trying to work things out with your GF so that you could be a family. Why would she want to move with nothing if you are providing her with a nice home/money/etc? Maybe try family counseling.
- wishonLv 44 years ago
Your risk of having visitation is large and in line with risk joint custody yet you probably don't have a huge gamble to get finished custody. The courtroom can not take the youngster removed from the only make certain he has comprehend except there's a sturdy reason (the mother is on drugs, abusive, mentally ill, and so on.). not having a relentless touch selection and being flaky and not returning telephone calls are actually not reasons that the courtroom will deem her as "undeserving". sturdy luck to you. i'm happy you want to be a factor of your son's existence.
- Anonymous1 decade ago
probably 90 to 100. because she aint got no where to stay when u and if u move no way to provide and besides how she planning to pay i say if you make most to all of the money then u should be in charge but for a custody it will be a hard and very tough road but if u really love your daughter its worth it and i bet u would never want to see your daughter on the streets begging for food, i dont no about ur gf though. well any ways fight for ur baby girl dont let her get hurt thats what your there for . dont think that your going to lose just think about how good it would feel to take her back to your nice safe home where shes supposed to beSource(s): life cold hard life sho nuff man!!!!!!!!!!!!!!!!!!!!!
- How do you think about the answers? You can sign in to vote the answer.
- Jan JLv 41 decade ago
I suggest you talk to a lawyer and now. Before she has time to actually move. After she moves, so does the jurisdiction. The jurisdiction is where the child actually resides. if you act now you may be able to prevent her from taking the child out of state. I know what you are facing. My son had to fight for custody of his children. I am happy to report he was awarded custody. So there is hope. However every situation is different so get legal advice. Good luck and God bless.
- KarenLv 41 decade ago
You can request that she can't move out of state as it would put a hardship on you seeing the baby. Good luck, and you never know about judges. You might file and see. But if you don't have a pretty good reason, and no job, no place to live, and no way to support herself and baby, is a pretty good reason I would think, for you to get custody but she will get visitation I am sure. She might get custody returned after she gets settled... who knows?
- Anonymous1 decade ago
He/she who hires the first lawyer has the best chances. he/she who has a home, car, job, income, ect has a huge advantage. If you file before she leaves you will most likely get child custody if you can prove all you say. (if she had transportationa nd income she would probly win hands down.).
But remember if you get a lawyer and she has no income she has little chance as it is. Howevwer i you have a lot of money chances are she can find a lawyer, take the child and a nice cash settlement from you plus child support.Source(s): yahoo marriage courts
- Anonymous1 decade ago
It all depends on the judge. Many judges are 100% for the mother and since you have a good job will tell you to support both the mother and child until the child turns 18. My advice is get the best ie. most experienced lawyer you can afford and the sooner the better.Source(s): Good Luck and Happy New Year!
- 1 decade ago
Unless you can prove she is a bad mother most judges side with the mother. You can however bar her from taking your child out of state by taking her to court and making a custody arrangement. This would also set you up with child support payments. Good Luck.
- 1 decade ago
I know someone in the same boat. mother cant drive doesnt have a job lives with her grandmother .
The father got full custody because her inability to care for the child... my suggestion is to talk to social services and fast make sure you look into making arrangements for child care so that they are aware you are trying to do the best possible thing for the child. hope that gives you some peace of mind