QUESTION
Can the father have custody of a toddler?
Asked on May 07th, 2015 on Child Custody - Nebraska
More details to this question:
My wife and I are getting a divorce and we have a 3-year old boy. I can prove that my wife is an unfit mother because of her drinking problem. However, because our son is so young, I am not sure it will allow me to have sole custody, and my wife is planning on raising the boy with her mother. Will I have a chance at sole custody?
10 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's important to distinguish between the concepts of custody and placement. Courts have not used the concept of 'unfit mother' for about forty years. The question is always what is the best interest of the child? Drinking may or may not play a major role in that decision. In custody/placement disputes courts try to use experts to advise them. They also can appoint a Guardian ad litem to represent the best interest of the child(ren). You would probably benefit from hiring an experienced family law attorney Good Luck.
Answered on May 08th, 2015 at 10:33 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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In Florida, fathers have equal rights with mothers, regardless of the age of the child. So, it is possible that the child would reside predominately with you. You need to speak with an attorney.
Answered on May 08th, 2015 at 4:20 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You have a chance at sole physical custody. Mom should evaluated for alcoholism. You should hire an attorney.
Answered on May 08th, 2015 at 4:08 AM
Bruce Provda
There is always a chance. The court weighs all factors to determine what is in the best interest of the child. Certainly day care would be a consideration. Speak with an attorney, your divorce attorney.
Answered on May 07th, 2015 at 1:49 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, WA does not have custody as such, let alone sole custody. WA has a parenting plan which allocates time with the child and decision making authority. As part of the divorce you should make a motion for temporary orders, get a temporary parenting plan in place asking the court to give you the majority of time based on her alcohol problem and ask the court to order her to have a drug/alcohol evaluation and appoint a guardian ad litem. You are not talking about her being an unfit mother (that's not part of a divorce action) but having problems which should limit her time with the child. I suggest you get a lawyer to handle the case for you.
Answered on May 07th, 2015 at 1:47 PM
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The NJ custody statute is gender neutral and you would be just an appropriate a parental figure as anyone. You should probably schedule a consultation with an attorney and find out what your position will be. Good luck.
Answered on May 07th, 2015 at 1:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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All dependent on individual facts, circumstances and proofs. Get a lawyer.
Answered on May 07th, 2015 at 12:30 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Sole custody is unusual for either parent. You are likely thinking of placement, you could get primary but it is unlikely mom would get none.
Answered on May 07th, 2015 at 12:28 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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Yes. Parents are on equal footing regardless of gender when they walk in the courtroom. What was known as the tender years presumption that it was presumed that small children should be in the custody of Mom was done away with in the early 1980s. If you can show that she has serious problems that impair her ability as a parent, then you have a reasonable chance at being a primary custodian and limiting her visitation.
Answered on May 07th, 2015 at 12:27 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Absolutely. The issue is always what is in the best interest of the child.
Answered on May 07th, 2015 at 12:26 PM