how to get sole custody

Amanda - posted on 12/19/2011 ( 5 moms have responded )

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the father of my son is in the military. so he is never around. he never calls. he never checks in. nothing. and he is incredibly disrespectful. every word that a real man should never say to the women taking care of his child or any women in the matter he has said it to me over and over. and no matter how hard i try to be nice to him for my son he wants nothing to do with it so you can really see how much he really cares for him. anyways the last 2 times hes come home hes felt the need to sneak around me to see my son. and has his mom do it for him. have his mom lie about it. say my mom is staying somewhere like at his brothers so i think ok thats fine he hasnt seen them in a while when in fact hes staying somewhere else. and doesnt even tell me. so i cant trust that family at all. i cant put up with it anymore i have to deal with it for 3 years now. so im just wondering how do i begin to get sole custody?

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User - posted on 12/24/2011

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im fighting for sole custody as well but my lawyer says it will probably be only joint.... my ex husband was very abusive and i even got an EPO against him.. hes even been abusive to my kids (my son isnt his but my daughter is) and im pregnant with his son...

Luvmia - posted on 12/23/2011

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Call a lawyer for a free consultation about what you should do. Every state is different in how custody cases are handled and you need a lawyer to inform you about how to be BEST prepared.

Marianne - posted on 12/22/2011

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I went to a family law class given through our family court system out here and they advised me to do nothing. If the dad is not interested then why go to court over it? You could end up having to actually share your kid w/ someone who is being mean and hateful, someone who you would not want to be caring for your baby.

Janine - posted on 12/21/2011

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The court acts in the child's interest and from my experience the law is that both parents have 50% custody over their child. I requested the court 12years ago for sole custody of my child & they explained to me it wont be easy to get sole custody because of the law of 50% to both parents. My ex husband was very abusive and because of this abusive behaviour the court grant me sole custody of my child. Im very happy i took a chance to get sole custody because my child's father just got more abusive and today he is a homeless guy wondering around in the streets of our town. You request by your local court and they will take the matter further to the Higher court because cases like that your local court refer to the Higher court of your country. Do whats best for your child & i hope the court grant you the request of sole custody. It wont be easy but take your chance & goodluck!

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You should probably consult a family lawyer - they could help you file a motion in court. Or you could call your local court house and ask them how to do it yourself . You'll want to figure out visitation and child support too. Custody is just one piece of pie. And be aware that it can get dragged out and expensive if the father fights it.

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