advice on 50/50 custody

Christl - posted on 04/11/2013 ( 7 moms have responded )

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I just got a restraining order on my sons father for the second time. He is threatening me that he is going to go for 50/50 custody and i am scared to death. I dont trust him with him over nights. I dont mind him seeing him. I want my kids to have their fathers in their lives, but i want them to be safe. Has anyone gone threw this? what are the chances of that happening?

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Ev - posted on 04/12/2013

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You still have to have proof of the drugs and where he is living in order to use it in court though.

Dove - posted on 04/11/2013

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It depends on what kind of evidence you have that he is a danger to the KIDS (not just to you)... and what your lawyer says about it.

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Jodi - posted on 04/13/2013

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But you haven't mentioned that your son is scared of him. I get that he is rude and threatening towards you, but this will generally not have any bearing on whether he gets joint custody. You'd have to have good reason and evidence as to why he should only have supervised visitation and no overnights with his son. The fact that you have a restraining order against him because he is yelling abusing you generally won't be enough.

Christl - posted on 04/13/2013

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I have a restraining order for the refusal to leave my house and screaming at me right in front of the kids and telling me that i am lucky that he has not put his hands on me. He is also very rude with my daughter who says she is scared of him.

Dove - posted on 04/12/2013

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Well... if you don't have the money for a lawyer all I can offer is good luck. Judges 'typically' like to go with joint custody unless there is solid, compelling evidence to rule otherwise.

Jodi - posted on 04/12/2013

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Nothing you are saying has suggested that he wouldn't get joint custody. Can I ask why you have a restraining order against him?

Christl - posted on 04/12/2013

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I dont have the money for a lawyer. He is unable to keep a job. He just started a new job yesterday. He has no place to live. He is staying with family but they live in housing and he isnt supposed to be there. He has a huge drug history but has never been caught for any of it.

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