Child Custody

Peech - posted on 04/20/2015 ( 2 moms have responded )

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I am a single mother of a 4 month old boy. His father married another woman while I was still pregnant, but nevertheless he financially supported my entire pregnancy up to now. My son is carrying his surname since he got all the support he needed. But my sons father is threatening me that someday he will take my son away from me especially if I will marry another guy. My question is that can he really take my son away from me considering that he is already married.? He told me that the court will favor him since he got much earnings than me.Does the court really give favor of custody to those who has a lot of earnings? What about me? I'm the mother. I do have a job but I admit that I don't have a high salary just like him. my salary is just enough to live a simple life.
Is there any other rules in child custody? because all I know is that the custody should belong to the mother. I love my son more than my life and I cannot let that happen.. Is he telling the truth? or he just blackmailing me..

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Ev - posted on 04/20/2015

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1) **But my sons father is threatening me that someday he will take my son away from me especially if I will marry another guy. My question is that can he really take my son away from me considering that he is already married.?**
In answer to this one, he is threatening you here. Custody is not determined on whether either parent is married or not but what is in the best interest of the child and unless the father is a lawyer especially in family law, he can not know the laws that well and also he won't know what the judge may think or decide to do.

2) **He told me that the court will favor him since he got much earnings than me**
Whether a parent is rich or not does not always determine who gets custody. Only a judge can chose who gets the child.

3) **.Does the court really give favor of custody to those who has a lot of earnings? What about me? I'm the mother. I do have a job but I admit that I don't have a high salary just like him. my salary is just enough to live a simple life.**
The judge is going to look for things that enable the child to have all needs met, relationships with the mother and father, and decide whose home is the best choice for primary care.

4) **Is there any other rules in child custody? because all I know is that the custody should belong to the mother.**
The rules of child custody are set by the laws of where you live--the nation, state, county, province, city etc. Each one is different though some things may be the same or similar. But only those versed in the laws where you live (lawyers) can tell you what those "rules" are.

As for the line on custody belonging to the mother, a lot of times this day and age, judges go for joints custody if possible giving the parents as much equal time with the child/children. If joint is not given but sole custody is given then the judge will decide which parent is the best choice for this and its not always the mother. That does not mean that the mother is a bad person but it might mean her circumstances are not just right for the judge to think its best for the child to live primarily with her. That does not mean that the custody can not change later on but that is dependent on the judge and what is in the case.

Judges are granting fathers custody more so now than they used to do. They are learning that fathers can and do take care of their children just as well as the mother can do. It has nothing to do with the judge liking one parent over the other or anything like that even though that happens. Its decided on who can best fill that child's needs at home for the time being. Also, joint custody is becoming more common and sometimes depending on how close the parents live it can be 50-50. But there is so much to cover in this.

Also about the mom being the one to have the custody, its not about the mom or the dad either but that child and how he or she have needs that need to be met and so on. With a child this young, the judge is going to consider what the mom is doing for the child's care such as breastfeeding and such as well. It might be the child stays with mom more for the first couple of years and then is put into visitation and custody that is joint between the parents.

Also one more thing, riches should have no say in who gets custody but as I have said sometimes it can make a difference. What makes it more possible for a parent to retain sole legal custody is if it is determined the other parent has issues that prevent them from caring for the child as is needed or is a danger to the child and needs supervised visits or none at all,

Michelle - posted on 04/20/2015

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Go to court and get custody sorted out NOW!!!!
Get yourself a lawyer and ask them the laws where you live. This is an international site and different countries have different laws.

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