QUESTION

What are my chances of losing if my ex spouse is trying to get full custody?

Asked on Jan 04th, 2012 on Child Custody - Georgia
More details to this question:
My ex is filing for full custody. What are my chances of losing?
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14 ANSWERS

Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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I have no idea. What are the facts?
Answered on Jul 08th, 2013 at 1:25 AM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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It would be impossible for me to answer this question without specific facts as to your case
Answered on Jul 08th, 2013 at 1:22 AM

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There is no way to look into a crystal ball to answer your question. You have given no information.
Answered on Jul 08th, 2013 at 1:21 AM

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Family Law Attorney serving McDonough, GA at South Atlanta Family Law
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You have not provided sufficient information for an assessment of your case. For instance, what is the basis for which she is seeking full legal custody?
Answered on Jul 02nd, 2013 at 10:02 PM

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Changes in custody depend upon the facts of the case and the nature of the custody order, ie whether or not it is temporary or permanent.
Answered on Jul 02nd, 2013 at 10:02 PM

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Car Accidents Attorney serving Milwaukee, WI at Velez, Moreno & Vargas, LLC
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Depands on the issues involved in your case. Here's a list of the factors Court consider: (5) Factors in Custody and Physical Placement Determinations. (am) Subject to pars. (bm) and (c), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars. (bm) and (c), the court shall consider the following factors in making its determination: 1. The wishes of the childs parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial. 2. The wishes of the child, which may be communicated by the child or through the childs guardian ad litem or other appropriate professional. 3. The interaction and interrelationship of the child with his or her parent or parents, siblings, and any other person who may significantly affect the childs best interest. 4. The amount and quality of time that each parent has spent with the child in the past, any necessary changes to the parents custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future. 5. The childs adjustment to the home, school, religion and community. 6. The age of the child and the childs developmental and educational needs at different ages. 7. Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child s intellectual, physical, or emotional well-being. 8. The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child. 9. The availability of public or private child care services. 10. The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate orcommunicate with the other party. 11. Whether each party can support the other partys relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the childs continuing relationshipwith the other party. 12. Whether there is evidence that a party engaged in abuse,as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02(2). 12m. Whether any of the following has a criminal record and whether there is evidence that any of the following has engaged in abuse, as defined in s. 813.122 (1) (a), of the child or any other child or neglected the child or any other child: a. A person with whom a parent of the child has a dating relationship, as defined in s. 813.12 (1) (ag). b. A person who resides, has resided, or will reside regularly or intermittently in a proposed custodial household. 13. Whether there is evidence of interspousal battery asdescribed under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (am). 14. Whether either party has or had a significant problem with alcohol or drug abuse. 15. The reports of appropriate professionals if admitted into evidence. 16. Such other factors as the court may in each individual case determine to be relevant. (bm) If the court finds under sub. (2) (d) that a parent has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), the safety and well-being of the child and the safety of the parent who was the victim of the battery or abuse shall be the paramount concerns in determining legal custody and periods of physical placement. (c) If a parent is a service member, as defined in sub. (2) (e) 1., the court may not consider as a factor in determining the legal custody of a child whether
Answered on Jan 12th, 2012 at 5:11 PM

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Family Law Attorney serving Baton Rouge, LA
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This question is impossible to answer without more detail regarding your factual situation. You need to consult with an attorney about your specific facts and circumstances, and the reasons your ex may be seeking sole custody.
Answered on Jan 12th, 2012 at 11:58 AM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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It depends on the facts of what is going on in your various lives. In Michigan, the first element is a change in circumstances, i.e., a criminal conviction, neglect charges, drug charges, abuse charges, etc..
Answered on Jan 12th, 2012 at 11:52 AM

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Family Law Attorney serving Johns Creek, GA
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The issue of custody is not a simple one, and there are a multitude of variables involved in assessing ones "chances" of loosing custody. You will need to meet with a local child custody lawyer for a consultation to get the answer to your question.
Answered on Jan 12th, 2012 at 10:40 AM

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Divorce Attorney serving Little Rock, AR at Law Office of Kathryn L. Hudson
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To change an existing custody order the moving party will need to show there has been a material change in circumstances, and that the material change in circumstances was serious enough that it would be in the best interest of the child to change custody. If there has been no material change that adversely effects the child(ren) it will be difficult for your ex to get custody from you.
Answered on Jan 12th, 2012 at 10:35 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Nobody wins or loses in a custody case except maybe the kids. Unless there is some overwhelming reason, you will not lose custody of your children. Overwheling stuff includes drug abuse, criminal activity or sexual misconduct in front of children. The court will have a mediator interview you and the children to try to determine what is in the kids' best interests.
Answered on Jan 12th, 2012 at 10:20 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Colorado no longer uses the term custody and only deals with the allocation of parental responsibilities. So, it isn't clear what you ex- thinks he/she is trying to do. Whatever that is, however, the decision by a court will be based on what is in the best interest of the child and it is always true that what is best for every child is to have two loving and involved parents. So, the likely result is going to be some sort of share parenting time arrangement and "losing" isn't a meaningfully term. But, without knowing all the relevant facts is not possible to even make a wild guess about what a judge might do.
Answered on Jan 12th, 2012 at 9:03 AM

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Family Law Attorney serving Petaluma, CA at Law Office of Erin Farley
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Every case is fact-specific. My advice is to be honest, reasonable, and keep your children's best interests at the forefront.
Answered on Jan 12th, 2012 at 9:00 AM

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Glen Edward Ashman
Even with all the facts of the case, any answer would be a guess. With no facts, there's no way to answer you except to tell you that your chances are far worse without a lawyer than with one.
Answered on Jan 12th, 2012 at 9:00 AM

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