I have a 5 month old with my ex. We are getting a divorce. She wants full custody but does not have a job and lives with her parents and has mental issues. What hoops am I going to have to jump through? Is this a battle that I need to have a lawyer for?
A custody battle always goes a bit better if you are represented by your own counsel as you should be in the divorce. You would petition for joint or full custody and your rights as a parent.
When you are dealing with children in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life! Income of the parents is not relevant except as to child support, it is not a material fact to determine who the child should reside with. There are some exceptions but those exceptions apply to the best interest of the child. The mental issues may be very important.
I believe this is a situation that is serious enough that you should have an attorney to help you prove that it would be in your child's best interest that you be awarded custody.
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