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Mother will be arrested-Lose custody of child?

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What is the name of your state (only U.S. law)? Iowa

Father is trying to get primary custody of 4 year old. Mother is soon to be arrested on fraud charge and could go to jail. Will father be awarded primary custody? Thanks.
 


nextwife

Senior Member
Entirely possible. Dad would have a greater right to custody than would, say, a grandparent or and aunt/uncle.

Mom won't retain it while in jail..
 

CJane

Senior Member
IF Mom is arrested and IF it goes to trial and IF she goes to jail for a significant period of time, then yes, Dad stands a good chance at getting custody. However, none of that has happened yet.

What is the change of circumstances that Dad is alleging? OTHER THAN the pending fraud case?
 
Details

Mother does not work. I work. She always wants me to watch my son. I have no problem with that. I have had him this time for over a month. I call her to see when I can drop him off. Most of the time she will not answer the phone and when she does she claims she's "busy" and can't take him. Bottom line is she is not a good parent. I'm the good parent. And i'm trying to get my son. I want my son and I feel I have every right to get him.
 

Nativity

Member
So is this really your son? Because a while ago all your posts were about your Son's son and then you mouthed off to a senior member bla bla.

Just talked to my son-Mother is ticked

What is the name of your state? Iowa

Just talked to my son and the mother of his son was wondering why she has not heard anything concerning her CS. He told her the paperwork and other details were not completed yet. Up to this point he has not told her that he hired a lawyer to handle her request for more CS than he is already paying. He has his son from Wed to Sunday one week then Thurs to Sunday the next. He also pays all childcare for the time he has his son. When he would not go into detail about the lawyer(lawyer told him not to) she told him don't you try to cut back on the day's that you watch your son! This coming from a mother that can work but chooses not to. It will be interesting on how this turn's out.
 
I'm the father

So is this really your son? Because a while ago all your posts were about your Son's son and then you mouthed off to a senior member bla bla.
Sorry if my father mouthed off to a senior. I asked him to find much needed info on my situation. From here on out I will be the one posting.
 
Finally got the paperwork-It's what I suspected

Finally got the paperwork in this case. Mother opened up a credit card account in my name,ran up $2,950 in bills. Collection agency has come after me because she used my name. They are aware of the situation and charges will be filed. Like I said she should lose primary custody. I want to be awarded primary custody.
 

LdiJ

Senior Member
Finally got the paperwork in this case. Mother opened up a credit card account in my name,ran up $2,950 in bills. Collection agency has come after me because she used my name. They are aware of the situation and charges will be filed. Like I said she should lose primary custody. I want to be awarded primary custody.
I had a feeling that you were going to be instrumental in her being brought up on fraud charges.

Yhat should NOT be your reason for filing for primary custody. You should be filing for primary custody because the child is with you far more than the child is with mom.

Also, if mom opened that card while you were married or together, you may have a hard time convincing a judge or jury that mom did it without your knowledge. If mom has no criminal record then its quite likely that she would get off without any jail time.
 
Was going for primary custody long before this

I was going for primary custody long before this. Child is always with me. Has been with mother less than 2 weeks for the past 3 months. Checked the dates on the credit card and she indeed opened the account while living on her own without my knowledge. Called the company and was informed she could open the account with just my SS number.
 

wileybunch

Senior Member
Finally got the paperwork in this case. Mother opened up a credit card account in my name,ran up $2,950 in bills. Collection agency has come after me because she used my name. They are aware of the situation and charges will be filed. Like I said she should lose primary custody. I want to be awarded primary custody.
Back on 12/8, you posted this thread initially, saying this:
Father is trying to get primary custody of 4 year old. Mother is soon to be arrested on fraud charge and could go to jail. Will father be awarded primary custody? Thanks.
So based on you knowing or suspecting she had run up credit card charges in your name, you JUMP to the conclusion she WILL be ARRESTED on fraud charges and you're trying to find out if you can get custody if she goes to jail? I just have to say, whoa, partner. Do not exaggerate or embellish your story when asking for advice.
 
Had a pretty good idea it was her

I knew back then it was her but I had to wait for the "official" paperwork. Was going for custody for other reasons before I found out about the fraud. I was just wanting to find out that if a parent is arrested for fraud plus the fact that she does not want the child any more than she does that this would prove my point that i'm the better parent and I should be awarded custody. To me this shows what kind of character she has.
 

wileybunch

Senior Member
I knew back then it was her but I had to wait for the "official" paperwork. Was going for custody for other reasons before I found out about the fraud. I was just wanting to find out that if a parent is arrested for fraud plus the fact that she does not want the child any more than she does that this would prove my point that i'm the better parent and I should be awarded custody. To me this shows what kind of character she has.
I get what you were trying to find out, I'm saying not to embellish or exaggerate in the first place, just give facts and ask your question.
 

LdiJ

Senior Member
I knew back then it was her but I had to wait for the "official" paperwork. Was going for custody for other reasons before I found out about the fraud. I was just wanting to find out that if a parent is arrested for fraud plus the fact that she does not want the child any more than she does that this would prove my point that i'm the better parent and I should be awarded custody. To me this shows what kind of character she has.
Seriously, the fact that you have the child far more than mom does is a stronger argument for primary custody than the fraud charges. In fact, if the DA declines to prosecute, or pleads her out to a lesser crime without jail time, the fraud charges may be of little use to you.

Get a consult with a local attorney to get advice and to help you focus on what really does and doesn't help you.
 
It's been finally settled- The Outcome

Well it's taken a full year but it was finally settled this past week. I tried for primary custody but did not get it. My CS was cut in half and based on my salary. My visitation schedule is to have my son every other weekend. The judge told her she had better follow that schedule and not to call me up at the last second and say that she can not pick up her son. As far as the credit card fraud the judge say's that's a seperate case and you deal with it when the time comes. She did admit under oath(against her lawyers advice) that she did indeed open up the account and made purchases of $4000.00. So I will deal with that when the time comes. All in all I was satisfied with the judge's decision. I'm satisfied with the fact that she will have to follow the rules for once. I'm just a little surprised that this took over a year to finally get settled. One more bit of information that I found out about in court. Come to find out that she had another baby within this past year. That makes 3 children with 3 fathers. And she put down the only source of income was collecting CS from the 3 fathers.
 

CJane

Senior Member
Well it's taken a full year but it was finally settled this past week. I tried for primary custody but did not get it. My CS was cut in half and based on my salary. My visitation schedule is to have my son every other weekend. The judge told her she had better follow that schedule and not to call me up at the last second and say that she can not pick up her son. As far as the credit card fraud the judge say's that's a seperate case and you deal with it when the time comes. She did admit under oath(against her lawyers advice) that she did indeed open up the account and made purchases of $4000.00. So I will deal with that when the time comes. All in all I was satisfied with the judge's decision. I'm satisfied with the fact that she will have to follow the rules for once. I'm just a little surprised that this took over a year to finally get settled. One more bit of information that I found out about in court. Come to find out that she had another baby within this past year. That makes 3 children with 3 fathers. And she put down the only source of income was collecting CS from the 3 fathers.
You could PROVE that the child was only with Mom for 2 out of TWELVE weeks - and you only get e/o weekend???
 

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