Sole Custody

Question: Sole Custody? Me and the ex husband are in a bitter custody battle. Twice he has missed mediaiton first time they refereed us he just missed the second one have not returned to court yet on this. My question is that he has asked for a change in custody but has twice missed mediation. I am going to put a motion in to court for sole custody with visitation to the ex. Seeing how he has twice missed the court ordered mediation. What are my chances of obtaining sole custody. Right now we have joint legal with mw having primary him secondary. california

Answer: A lot of this will depend on the state you live in if in the US. Also will depend ultimately on the judge and how welcoming they are to sole custody. Generally it is difficult to get sole custody unless the other parent is deemed unfit. I would say that your chances will be excellent if he doesn't show up to a hearing in this matter. It will definitely look bad that he has missed mediation twice but it will ultimately depend on the judge whether they see that as reason enough to award sole custody to you.

Question: Sole custody? Does anyone know a general cost of suing the non-custodial parent for sole custody? I am not looking for specifics, just maybe a round about number. I am in Texas with two kids and a dead beat ex husband who never sees or calls his children because "he is too busy". I figure I would feel a lot better knowing that he has no rights to them since he doesn't ever exercise the ones he has now. He currently has every other weekend possession and every Thursday night. He has only exercised the weekend option twice since we split a year ago and never the Thursday nights. He didn't call on their birthday, fathers day, Christmas or Thanksgiving. As far as I can tell, he doesn't deserve the rights....so why leave them there for him to abuse later on down the road.

Answer: severing his rights ARE in the best interest for your children based on the simple fact that leaving the rights open for years down the road with no contact from him and giving him the ability to just walk back into their life after not being a true part of their life i think is far more devastating; they then start to play the make up daddy by trying to buy their kids' love.. and other nonsense. I have sole custody of my daughter and I have no issues with my ex whatsoever or with my daughter missing him or having a sense of loss by not having him around. I've never created that sense of loss and i forbid anyone else to either; we don't walk around complaining about how her dad doesn't care enough to call or only sees her 2 times a year either. We just don't mention him at all. I would check with local lawyers that deal strictly with family law and get the best one that you can afford. For me it costed 750 for the divorce and custody; (there wasn't a battle for it) and there are such laws that revolve around abandonment and child neglect. But the majority of this will have to be done through the court where you currently have your custody order set up through so you should check with them first. you may not have to pay anything at all if the court where you have your custody order set up through rules in your favor because of his lack of participation and parenting; you can also file complaints for contempt of court for him not picking the children up and following the court order; but i'm not sure that would be the best way to go in this situation. whatever happens i wish you the best of luck.

Question: Who has sole custody of a child when both parents names are on birth certificate? Just wondering, an unmarried couple who has a child; If they split up, who gets the sole custody of the child, even when the father's name is on the petition of paternity and birth certificate ?

Answer: The problem, and solution, actually, lies in your use of the term "sole custody". The Courts, particularly when a couple is unmarried, traditionally give physical custody to the mother, unless there are extenuating circumstances that would make doing so potentially putting the child in harm's way- rare. However, they look to the same kind of circumstances in deciding whether the father should have any say in the decisions in the child's life- so if there is nothing wrong with either parent, physical custody will go to the mother, but they will not terminate the father's rights (which could also be grounds for the father to petition the court to not have to pay child support).

Question: Does a single mother have sole custody of her child in Indiana? I think I have read a woman who has a child born out of wedlock in Indiana has sole custody. Is this true?

Answer: Yes, until I teach the father what to do. Only Arizona has a presumed rights law for single fathers. Watch this movie trailer about a single father http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=27395259

Question: Who do you think would be awarded sole custody? I am a 23yo with a two year old daughter. We live with my grandparents. I just completed schooling to become a Medical Assistant, currently unemployed but searching daily for a job. My ex (the father of our child) has anger issues to the point where i have called the cops on him before. He does have a full time job working 60 hours a week. My question is, who would be awarded sole custody given those few circumstances.

Answer: Probably neither of you. Joint custody is the default these days, and calling the police without arrests is not going to be enough to deny the father joint custody, if he wants it.

Question: I am a single mother trying to join the Army Reserve.How do I get sole custody of my daughter? He has not paid court ordered child support and has not provided any of the necessities for my child to survive since April 2009. He is married with two other children. He just bought a house and has failed to provide anything from my child. I just want to get sole custody since he is not doing anything for her but I was told by JAG that him not doing his part is not enough to get sole custody of her. Someone please help me! We already have joint legal with sole physical custody to me and do to the fact that we live in two different states makes it harder due to the laws being different.I already have a family care plan and do not care too much about him having visitation, but I don't want him to take me to court and say its best to be with him when he is not providing for her.My argument is if your not doing the bare minimum that is ordered by court then why trust that you can take care of her while I'm on leave or when I have to report to drill once a month.He can keep his visitation rights but I would rather have sole legal and physical custody since I take care of her by myself.

Answer: You might try to get him to take care of your daughter before you join the military. If you get sole custody and no one to take care of your daughter than you won't be able to join.

Question: What criteria does a judge look at in a court case for determining sole custody? From my knowledge, the courts try to keep parents involved in the child's life, no matter what. We already have a visitation arrangement, however, my child's biological father has a criminal record: went to jail last year for C felony, several misdemeanors in between, license was revoked (but reinstated), no stability, lives with his parents, can't hold a job, has a protection order against him, etc.... Now I find out he has another C felony. What could happen if I try for sole custody?

Answer: you might get it

Question: Can I get sole custody if my ex refuses to talk with me? My ex and I have joint custody or a 2 year old with me having primary residence. I recently went for sole custody b/c he hardly ever talks to me. When we are meeting to exchange the baby he won't say much and says "it's not the time b/c the baby is around". I don't know what his problem is and I was told that I will get sole custody if we can't communicate. I want sole custody so I can have the say in how she is raised.

Answer: so do it

Question: Do I need a notarized letter to travel with my children out of the country even if I have sole custody? I am NOT a single father. I am married to my wife, but she is currently mentally ill. I do not live with her for the sake of my children's emotional and physical health. I have a SOLE Custody order with me. Meaning I would have a physical and legal custody. Would I still need a notarized letter if I were to travel to another country even if I have sole custody over my children?

Answer: No, but it's a good idea to carry a copy of the court order granting sole custody. (They pay close attention to single parents traveling, since there have been lots of cases of child abduction with estranged parents.) Actually, to get your child's passport you'll have to present that document anyway.

Question: Should a father go to court and try and get sole custody (primary custodian) of his newborn daughter? Should a father go to court and try and get sole custody (primary custodian) of his newborn daughter? He had sex in a one-night stand with her mother and was ordered to pay child support. His lawyers says that if you go to court you have a very good change of getting it, even if the mothers object in this case which she will. Than your daughter can live with you until she is of age.

Answer: If the father can provide a more stable & loving environment, and is financially able to support the child there is no reason why the father should not get custody.

Question: what is the differance between full custody and sole custody? i filed for full custody and i wanted sole custody and i thought that full custody was the same thing as sole custody.... i need to know is it the same

Answer: Full custody typically means that you have sole LEGAL custody and sole PHYSICAL custody. The two types can be split up in any number of ways. For example, a mother may have sole physical custody, but the father shares in joint legal custody (responsibility for medical treatment, bills, having authority to dictate means of upbringing, etc.) This is not legal advice and I am not an attorney in your state. If you have any questions whatsoever about your situation, you should consult an attorney for advice.

Question: How can I give sole custody away with out involving lawyers? I am a Mother of one and would like to give sole custody to the father. I am currently living in texas.

Answer: Check with a local document preparer. There are documents called Stipulations that can be filed with an Order. You WILL be required to pay child support to the child's father.

Question: Should a person who seeks sole custody be able to support the children alone? Alot of feminist seem to think men are nothing more then atm machines, my question is if a single parent is unable to afford to raise a child alone, even though they sought custody how can they be considered a fit parent? Shouldn't the person who seeks sole custody assume the sole cost's of raising the child? ohh no I am way to careful for that. Besides for personel reason if I did have a kid I would fight tooth and nail for full custody.

Answer: I think if the single parent wants child support they should let the other parent be in the kids life.

Question: Is it normal to feel guilty for filing for sole custody? My ex and I don't get along well. We can't co-parent as he is very controlling and spiteful. I am seeking sole custody now, but I feel guilty for doing so. I still want access. Why do I feel bad? Is it common? I am not taking my son away. I will let him see his father as much as he wants. I just want sole custody so his father has no legal rights to make decisions. He makes decisions to hurt me, not in the best interests of our son.

Answer: yes. thats kinda low taking a child away from his/her father

Question: Do I have sole custody even though my ex pays child support? My daughter is 2 1/2 and her father has lived across the country since she was 6 months old. We have tried to be friendly but things are not as friendly as I would like. My main question is, do I have sole custody of my daughter or is it joint because he pays (unofficial) child support? I ask this not because I want to exclude him from her life, but because if we have joint custody he can prevent me from moving to another province, even for work (or so I have been told).

Answer: depends on your state laws some require permission from the other parent some don't

Question: Can I leave my state if I have sole custody of my daughter from another state? I'm a mother of a 3 yrs old and never been married to my daughter's father, got sole custody of my daughter in the state of Florida move to South Dakota and try to work a relationship with her father ( live together again for approx. 2 yrs) but was unsuccessful and now that I reside in South Dakota he threat me and said that I cannot move out of the state cause he will accuse me of kidnapping. IS HE STATEMENT RIGHT? Can I leave and move out of the state?

Answer: you have custody he cannot do anything but file to fight you for 50/50. he might be able to snake the system and confuse the cops so just make sure you have the paperwork on hand so if you are stopped and acused you can just show them the orders and they will leave.

Question: WHAT ARE SOME OF THE LEGAL STEPS BEFORE MOVING OUT OF STATE WHEN I HAVE SOLE CUSTODY? i want to move out of state with my daughter and i don't know what legal steps i have to follow before doing so? i'm hoping to get sole custody of her and i should know in a month.

Answer: This is a question for an attorney, and not for Yahoo! Answers. Do not take anything that people may tell you in regards to this question into account, it could get you into very serious trouble, and when you are arrested for taking your daughter across state lines because you followed the advice of someone on here, you won't have a leg to stand on legally.

Question: How and when to apply for Child Support and Sole Custody I am pregnant and the father of the unborn child is starting to act erratic. How and when do I apply for sole custody / child support of my child in the state of Connecticut?

Answer: You can only get sole custody if you can prove the father is unfit. He has every right to see his child. As for child support you have to wait until the child is born, and then have to do a dna test to prove the child is his. You will have two seprate court dates one for child support and one for custody.

Question: I am fighting for sole custody of my daughter, what are my chances of winning? I live in Minnesota, in Hennepin County, my ex and I have been sharing an unstructured joint custody arrangement, we have no court order but I have had my daughter at least 60 if not 70% of the time , until I filed for sole custody now it has dropped to more of a 50-50 split I am talking to a lawyer in a couple of days but just want little info on chances and any advice thank you.

Answer: What I would do first is have the court set a structured joint custody arrangement for you and your ex. Follow that structured arrangement for 6 months to a year, and then see if your ex followed the plan. If she didn't, then your chances will be very good to get full custody. But at least this way, it will have the appearance that the best interest of the child is being looked out for (I am not saying you aren't doing that). This will make you look like the bigger person wishing to work out an arrangement with your ex that will benefit your child in the long run.

Question: Can I move to Australia with sole custody? My husband is from Australia and we would really like to move there to be closer to family and so on. If we moved he would already have a good paying job, we would have a house, car etc from his family. I could return back to college. The only problem is I have sole custody/primary custody with my son and his father has visitation. Is there anyway we could move? I do have sole custody. I would allow him visitation rights - like Christmas breaks, summer breaks etc. I would ask him to put all child support into travel expenses

Answer: You can probably move. Let your ex know, and if he contests it, you'll have to show the judge you have a good solid reason. No, you will not necessarily have to pay to fly your son to visit his father, but you should be prepared to accept altered arrangements, such as dad having custody all summer or something. Showing you are reasonable is the key, but you are allowed to carry on with your life.