QUESTION
Can I file for full custody if my ex-wife exposed my child for 2 weeks to a man she accused of assault with a deadly weapon?
Asked on Jan 18th, 2012 on Child Custody - Minnesota
More details to this question:
I have physical custody of my 9 year old girl in MN. I share legal custody with my ex-wife in CA, she pays $300 in child support. My child stays with my ex 15% of the year. I just found out that my ex had her former live-in boyfriend arrested for assault with a deadly weapon against her new boyfriend as well as charges of stalking and battery against her. According to the man (who is a doctor), he was falsely set up because he threatened my ex with telling me about her drinking problem. I have been looking for a way to gain full custody. The man has retained an attorney and is trying to beat the charges in court. I obtained a copy of the police report she filed against him.
Last summer my child spent 2 weeks in CA with her mom and the arrested man. He took care of my child all the time my ex-wife worked (which was every day).
3) If my ex drops the charges against the man and things get settled, do I still have a good case based on the police report alone?
1 ANSWER
William/J Joanis
What you seem to be concerned with is the child's well being during parenting time. A court would restrict that based on the issues, The court could (and probably will) condition parenting time upon certain protections being in place (such as the assaulter not being there, etc.). But You seem to be confusing full physical and legal custody with having here rights entirely, including parenting time, removed. It seems to me that based on the assault or the drinking you are asking that her parental rights be stripped, and that goes beyond just giving you full legal and physical custody. I don't think this one giant mistake with the assaulter or the drinking itself is enough to do anything other than require supervised parenting, or some other solution, but perhaps with more details I'd change my mind.
Answered on Jan 30th, 2012 at 3:28 PM