QUESTION
Do I have a chance at sole child custody as a father?
Asked on Aug 01st, 2011 on Child Custody - North Carolina
More details to this question:
Mom does very minimal w/8 yr old daughter. Mom has 2 older kids who have had numerous problems in school (detention, is school suspension, tardies, att. prob.) Mom goes out w/friends 5-6 nights per week until at least midnight. I (dad) am primary care provider. I do most chores around house.
20 ANSWERS
Patricia C. Van Haren
In California, there is no preference as to the sex of a parent in awarding custody. It is unlikely that either parent will get sole custody, but you could end up with primary custody based on the fact that you are the primary caregiver. A court looks at many factors to determine what is in the best interests of the child. Some factors which will be the time that each parent has for the children, drinking issues, etc. Courts also look at which parent will make the child more available to the non-custodial parent. Since the mom has two other children, the court will also look at the bond between the children in making orders. You will likely want to hire a family law attorney so that you can present your case in a way which will provide you with the best outcome.
Answered on Sep 01st, 2011 at 1:26 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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It looks like you have a good case. The court will adopt a parenting plan in your child's bests interests.
Answered on Aug 05th, 2011 at 5:54 AM
Best interest of the children determines that. Sounds like you are keeping their best interests first and foremost.
Answered on Aug 03rd, 2011 at 1:03 PM
4 Awards
Sole custody is a very difficult proposition in Louisiana, and is usually reserved for the worst parents; drug addicts, abusers, etc. You do however stand a good chance of becoming the primary domiciliary parent-the parent with whom the child resides most of the time. The mother's habits would be a legitimate issue in that determination. If you were the primary domiciliary parent, you would have certain rights regarding the upbringing of the child, and be entitled to child support.
Answered on Aug 03rd, 2011 at 5:45 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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While I am not sure what you mean by sole custody, if you are currently the primary care provider, then there is a good chance a Washington court would have you remain the primary care provider for the child by having the child reside with you a majority of the time.
Answered on Aug 03rd, 2011 at 5:37 AM
Steven D. Dunnings
Yes
Answered on Aug 03rd, 2011 at 5:37 AM
Yes. You may have a chance. However, how good a chance you have will depend on a number of statutory factors. It is pretty much impossible to tell which ones apply to your situation without significantly more information. My suggestion would be to meet with an attorney to go over your situation in detail.
Answered on Aug 03rd, 2011 at 5:14 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Dad always has a chance at being the sole custodian, just as mom does. But it is far more likely in Ohio that the court will insist on a shared parenting plan with one parent assigned as the residential parent. Please discuss your concerns with a local domestic relations attorney.
Answered on Aug 02nd, 2011 at 11:02 AM
2 Awards
Sole custody is very rare and typically seen in cases that involve abuse, neglect or total abandonment. While under these circumstances you may be entitled to the great majority of the parenting time, sole custody is not very likely. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 02nd, 2011 at 10:58 AM
In Georgia, rarely does a Court award anyone "sole custody." You have, however, presented a good argument for why you should be the primary physical custodian.
Answered on Aug 02nd, 2011 at 8:33 AM
Glen Edward Ashman
You haven't given us any information about existing custody orders to begin to analyze your situation. If you are seeking a change of custody, it is imperative that you see a lawyer.
Answered on Aug 02nd, 2011 at 7:23 AM
There is no gender preference in Nevada law. S
Answered on Aug 02nd, 2011 at 7:23 AM
It is certainly possible to get custody. You will need an experienced divorce attorney to present your case to the judge. Custody battles take time, money and emotional strength. If you are prepared to see it through to conclusion you may end up with sole custody, residential custody or in the worst case as the non-custodial parent.
Answered on Aug 02nd, 2011 at 7:22 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Yes. ORS 107.137 governs child custody determinations, and provides, in part: (1) In determining custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors: (a) The emotional ties between the child and other family members; (b) The interest of the parties in and attitude toward the child; ( c) The desirability of continuing an existing relationship; (d) The abuse of one parent by the other; (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
Answered on Aug 02nd, 2011 at 7:15 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You certainly have more than just a "chance" to be actively involved in raising your daughter. Colorado no longer uses the term "custody" to describe what is how called the "allocation of parental responsibilities". If you and the mother cannot agree on a suitable parenting plan to share responsibilities, decision-making authority, and parenting time (primary residence and what used to be considered visitation), then a judge will make the decision and adopt a Parenting Plan considered in the best interests of the child. The law does not create any presumptions in favor of mothers or fathers and must consider all the relevant facts and circumstances, which includes the past pattern of conduct by each parent in raising the child.
Answered on Aug 02nd, 2011 at 7:14 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Florida doesn't have "custody" anymore. Rather it is a shared parenting State, which means that both parents share parental responsibility and time and the financial responsibility for the children. The facts you have stated would not rise to the level of you being entitled to sole parental responsibility; however, it is possible that you could obtain 50/50 times haring or perhaps even greater than 50/50. You should immediately consult with an experienced family law attorney who practices in the county where you reside, as much more information would need to be learned in order to more fully ascertain your unique circumstances. If your existing or potential case is in or near the Central Florida area (Orange, Seminole, Volusia, Lake, Sumter, Marion, and nearby counties),
Answered on Aug 02nd, 2011 at 7:13 AM
Many factors going into the courts decision to decide who shall have primary physical custody of the children. Of course some of the things you mention are very important but they are only a few on a very long list the court considers. This is far too important to make any decision by email. You should contact us at 877-466-5245 for a free phone consultation where we can discuss many of the issues.
Answered on Aug 02nd, 2011 at 7:06 AM
Gary Moore
As the primary care giver you will be viewed favorably for continuing that relationship with your child.
Answered on Aug 02nd, 2011 at 7:05 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Yes, if what you say is true, and there are not major problems with your parenting, you should probably be named the primary caretaker of the child. See my website for more information about how custody is determined:
Answered on Aug 02nd, 2011 at 6:57 AM
In a best interest analysis, I believe that a Judge will give the minor children's mother at least one opportunity to be a safe and responsible parent and unless there are serious allegations against her, she is likely to enjoy some conventional, unsupervised visitation. Please speak with an attorney to work out a plan to accomplish your goals.
Answered on Aug 02nd, 2011 at 6:56 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.