QUESTION

What are my options if my ex is trying to get equal custody of our baby?

Asked on Feb 10th, 2014 on Child Custody - Idaho
More details to this question:
My ex who I had a baby with hasn't been in the babyโ€™s life since he was born and he is now 1 years old, but now my ex is trying to get equal custody. My question is can he get equal custody being on probation for 7 felonies and 3 misnomers, he also parties almost every night and I think may be on drugs. He has also threatened to kill my fiance which I reported so I have it on record. What are my options?
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7 ANSWERS

What you need to do is consult with an experienced family law attorney in your area, to advise you. From the facts as you have presented them, and remember that you will need evidence to prove your allegations, it appears you could rebut the presumption that it is a child's best interest to spend as much time as possible with each parent.
Answered on Feb 17th, 2014 at 4:28 PM

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I'm really sorry for the situation you're in. I can't imagine how much stress you're under. If you ex is fighting for custody, your choices are to agree to his request or to fight it. Based on the information provided, it sounds like you plan to fight. The court will make a decision based on what is in the best interest of your child, so all of the information you discussed is relevant. You can also dispute paternity and make him get a DNA test to prove he's the father. You'll want to prepare responsive papers with as much information as possible (including exhibits related to his criminal history and violent nature). Given that your child is so young, and that your ex hasn't has any contact up until now, and that he has a criminal record which includes violence, it's unlikely that he'd be granted significant visitation/custody rights right away, but the court does favor having both parents involved in a child's life. Good luck!
Answered on Feb 14th, 2014 at 3:16 PM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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You need to oppose his request for orders by demonstrating to the Court that the best interest of the child is for limited or supervised visits for the father. An experienced attorney could also advise you as to whether the father actually has paternity rights at present.
Answered on Feb 14th, 2014 at 3:15 PM

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File a response to his motion for custody, telling the court everything you put in this email. He should get supervised visitation only, if at all. They are probably trying to get child support out of him, and he thinks he will not have to pay if he has 50/50 custody. I know in Sacramento County, he would not have a prayer to get custody.
Answered on Feb 14th, 2014 at 3:10 PM

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Alternative Dispute Resolution Attorney serving Chandler, AZ at Cox Sandoval Law, PLLC
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There is a big push right now to provide father's with equal say and equal time with their children. The best interest of the child however is still paramount, and if you can prove that he has fitness issues (such as his felony record and current involvement in parties or criminal activity) then you have good reason not to agree to a 50/50 schedule. I would suggest meeting with an attorney. Many firms offer free consults including ours.
Answered on Feb 14th, 2014 at 3:01 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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File a parentage action (if he's not on the birth certificate) or a petition to establish a parenting plan. If he already filed, respond appropriately and make a motion for temporary orders, providing evidence to the court of his lack of contact with the child, his criminal record, etc. It is likely he'll get a few hours a week initially of supervised visitation (depending on the nature of the felonies). He may get more, once the child has gotten to know him, but it is unlikely he will get 50% of the time. Custody is not at issue, only the amount of residential time and decision making authority. Also, either action should ask for child support even if he isn't working.
Answered on Feb 14th, 2014 at 2:57 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Your options are to fight tooth and nail if he files for custody. I suggest getting an attorney who will present all of these facts to the court. I would imagine that the court will award some supervised time, but that would probably be the limit.
Answered on Feb 14th, 2014 at 2:52 PM

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