Trying to win full custody for a father do we have a chance?

My fiancé's ex is trying to move out of state with their two year old son bc she married a guy two weeks ago that is stationed down there in the military in their court agreement (50/50 plus he pays child support) it says she can't move so she isn't however she had already gotten a place down there asumeing he was just going to let her move so she quickly bought an apartment near us but travels back in forth between apartments (9 hour drive) when we have have him and constantly takes him down and back like an over night package she wants to home school him when she never graduated high school she got her GED but bc of all the traveling she wants to to home school him she got a fake passport when he was first born bc she didn't tell the my fiancé about keeping him (she told him she was giving him up for a apodtion and didnt as soon as he found out he got involved in his life) the passport got revoked by the FBI. My fiancé works at the hospital as a plobotomist pays child support and supply's his sons medical insurance we live with his mom right now bc of all the legal fees but his son has his own room and a very solid routine with us. His ex is always with her mother who has a lot of problems they have fought physically and even went to court once for it...we have her for contempt once where we won where she left the the state didn't tell us left him with her mother when it was out parenting time. Anyway the fact she wants to move sparked this huge custody battle and now we have a guardian ad litem coming and his mom keeps saying its always in the mothers favor I just hope this is true...she has a hair dressing and bartending lisence but dose not work and is only 20 he is 24. She also was talking to a recruiter at one point to go into the navy and leave him. Along with drinking references we have on her fb and really violent conversations on fb that show a very unstable girl.

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  • 8 years ago
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    This is what, like two, maybe three sentences? Seriously.

    Surely your fiance knew his child hadn't been given up for adoption right around the time he didn't sign adoption papers waiving his parental rights. Also not sure why the FBI revoked a fake passport. They may have filed charges for forging a government document, but they wouldn't revoke it because it's a fake. They would probably revoke a real passport that was fraudulently obtained.

    If everything you're saying is 100% accurate, yes you have a chance. But, I'll bet she has a side to this story too. And I'll also bet your lack of any knowledge on any subject will hinder your success. You really really really need an attorney.

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  • 8 years ago

    We had a GAL for our case too and my husband actually did win custody of his son. The best advice I can give you is to NOT focus on the mom. GAL's and judges hear this Jerry Springer stuff day in and day out and they are tired of hearing about how awful the mom is and how awful the dad is. What we did was we said everything bad...from the CHILD's point of view. We didn't say "Mom is a big looser who can't keep a job, or an apartment for more than 3 months at a time"...we said "I worry about *child*, the constant moving around, never knowing who lives with you and who doesn't, always having new people and places thrown at him ....how is a kid suppose to grow up feeling safe and secure, and now his mom wants to move him to a whole other state where his dad won't get to see him, his grandparents who he adores won't be able to, none of his friends or cousins...I just feel i could provide a safe and secure place for him to grow up surrounded by people that love him and we don't change...I've had my job for 4 years, I have lived in the same place for 3 years, I could provide the stability for him that he has been lacking."

    NEVER bad mouth mom, always spin it from the child's point of view.

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  • 8 years ago

    The courts are mandated to give the household every opportunity to keep the child. Your boyfriend could file a motion for custody but he would have to prove that the mother is causing the child damage or has caused the child damage. Look on line at your state statutes and see what criteria they require to prove abuse or neglect. Thus far, what you have told me about her, it would not be sufficient in most states. she also now has the advantage of hopefully having a stable household with her new husband. Time will tell on that.

    Also, do keep in mind that a custody battle gets very costly and can be damaging to the child as well, depending on the age.

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  • 3 years ago

    He might must end up that you simply shouldn't have a suitable residence for the youngster, abuse, medicinal drugs or alcohol abuse, if in case you have been risky to the factor of inflicting the youngster threat. He might need to have tangible evidence of any of this no longer simply his phrase. It should be an excessively severe difficulty for the court docket to take the baby clear of his custodial father or mother and position the baby with a further. Talk for your attorney, he can shed a few mild in this. What is he accusing you of? It is viable that he might get a few rights to peer your son but when I have been you I might insist he take a few parenting categories first, earlier than any over night time visits and in addition be drug and alcohol established at the same time in his care and I might have this signed via the court docket. With his beyond list I do not see this being a obstacle, ask your attorney.

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