Is it extremely difficult for a father to win custody??

Elizabeth - posted on 10/26/2012 ( 2 moms have responded )

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I'm a stepmom of a wonderful 3.5 year old boy. The BIO mom and my husband decided on a joint custody agreement about a year ago, but the paperwork is just now being finalized in the court system.



Due to continuous lack of responsibility on her part we are very strongly considering retracting the agreement, and trying to gain sole custody (we would like her to have visitation every other weekend).



Has anybody out there been through this? Do we have any chance at all of winning???

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Jessica - posted on 10/26/2012

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Oh and let me just add that unless she is unfit to take care of her son, and by. Unfit I mean actually unfit, not just raising him differently than you two are I wouldn't recommend taking sole custody anyway. Kids need both parents and although you love him too you are not a replacement mommy so it is still important for him to have an equal relationship with both parents.

Jessica - posted on 10/26/2012

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It depends on what state you live in and how involved both parents have been up to this point. I am also a step mom of a 2 year and we just went to court for joint custody. There are guidelines in California that show what is appropriate for each parent based on the level of attachment. We met her when she was 10 months exactly one year before we went back to court and have seen her a few times a week since, and he got only 1 overnight 5am Thursday to 5pm Friday and 4hours on Monday. This was decided in mediation so he may have been able to t the second night had he waited to see the judge, but it would have been pretty much the same. If the level of attachment is the same for both parents, and both parents are deemed fit, them the chance of either parent getting full custody is slim. It is general 50 50. This is just what I have learned from going through the process in California, but hope it helps.

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