Need advise on fighting for custody of a newborn

Marie - posted on 07/08/2013 ( 1 mom has responded )




I am a grandmother and my daughter is beginning her fight for custody of her newborn. She lived with the father of the child for 3 months. She had to call police to have he removed from home because he was becoming violent. Although he wasn't physically abusive, yet, he was verbally and destroyed property with his fists. He also would get in her face. She now has a temporary restraining order. He is in the military reserves and now has an attorney and wants to fright for custody. he says because he is a marine he will win. She is scared. She is a very loving mom. She has a job and her own apartment. She is able to provide a loving home for the baby and she has good family support. He is very controlling, has a shaky relationship with the few family members he does speak to. We also have reason to believe he may be practicing in illegal activity. What are the chances he will win just being in the military?


Ev - posted on 07/08/2013




I can not tell you his chances of getting the child or not, nor can I tell you of her chances either way. What I can tell you is that if she has been caring for the child since day one and he has not been in the picture very often and gone to training, he is going to have to prove she is unfit meaning he has to have actual proof she can not provide for this child, is doing things that would endanger this child and anything else they look at in court. He is going to have to prove he is going to be able to care for the child on his own too, and being in the military on assignment, I do not see how he is going to do so if he gets sent to the front somewhere; someone in the family would have to care for his child. She is also going to have to prove him unfit or a danger to the child and as you said she has the restraining order. That can be added to the case as part of the hearing or court date. It can be testified to his temper flairing badly when he gets upset about something and how he handles it. Sounds like he has anger management issues.

What is he trying to do is scare her because he thinks he has the power over her. He also most likely won't want to deal with child support either. He just wants to make trouble.

As I said, he has to prove her in a bad light to the judge and if she is doing what she needs to that is not going to happen.

Another note: The judge could give them joint custody and split it 50/50, 60/40, 80/20....however and then they will have to work on that custody arrangement. Its not easy, I am there myself. THen the judge could issue full custody to one or the other. It just depends. Custody is horrid at best. Just stick to your guns and I hope you will get things your way.

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