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illiana82

Junior Member
What is the name of your state (only U.S. law)? Minnesota

I got a summons from the father of my child, who recently was released from Federal Prison. My son is 7 1/2 years old, and his father has NOT been apart of his life since I was 2 months pregnant. He is now asking for 50/50 of joint phsycial, and legal custody, as well as alternating claiming the minor child for taxes every other year. My son is a Type1 Diabetic, and his father does not know how to take care of his son's needs. He has never been apart of the minor childs life, and has only seen him about 10-15 times throughout the minor childs life.

My question is responding to the summons, and what my chances would/could be for NOT granting this man 50/50, and to pursue my goal of getting SOUL Physical, and SOUL Legal custody of my child.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Minnesota

I got a summons from the father of my child, who recently was released from Federal Prison. My son is 7 1/2 years old, and his father has NOT been apart of his life since I was 2 months pregnant. He is now asking for 50/50 of joint phsycial, and legal custody, as well as alternating claiming the minor child for taxes every other year. My son is a Type1 Diabetic, and his father does not know how to take care of his son's needs. He has never been apart of the minor childs life, and has only seen him about 10-15 times throughout the minor childs life.

My question is responding to the summons, and what my chances would/could be for NOT granting this man 50/50, and to pursue my goal of getting SOUL Physical, and SOUL Legal custody of my child.

You need to respond to the summons, have you contacted a local attorney to help you?

If not, you'll need a quick education in the legal process. Let's start with the correct use of SOUL. Most people have souls. You are looking for SOLE custody.

It seems logical that you respond by stating that you are willing to shared legal, and full custody with graduated visitation ~ starting with supervised visits.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Minnesota

I got a summons from the father of my child, who recently was released from Federal Prison. My son is 7 1/2 years old, and his father has NOT been apart of his life since I was 2 months pregnant. He is now asking for 50/50 of joint phsycial, and legal custody, as well as alternating claiming the minor child for taxes every other year. My son is a Type1 Diabetic, and his father does not know how to take care of his son's needs. He has never been apart of the minor childs life, and has only seen him about 10-15 times throughout the minor childs life.

My question is responding to the summons, and what my chances would/could be for NOT granting this man 50/50, and to pursue my goal of getting SOUL Physical, and SOUL Legal custody of my child.


He's not going to get a 50-50 timeshare. He'll likely get some sort of joint physical custody (which doesn't equate to 50-50 timeshare, incidentally), and needs to have a graduated visitation schedule with a period of reintroduction.

You also have a pretty strong argument against joint legal custody too - your son is 7 and really doesn't know his father too well. At least for the time being. If Dad really does want to be Dad and sticks to the visitation schedule and becomes part of your son's life, perhaps joint legal can be readdressed in the future.

He'll learn how to deal with the diabetes, I suspect.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Minnesota

I got a summons from the father of my child, who recently was released from Federal Prison. My son is 7 1/2 years old, and his father has NOT been apart of his life since I was 2 months pregnant. He is now asking for 50/50 of joint phsycial, and legal custody, as well as alternating claiming the minor child for taxes every other year. My son is a Type1 Diabetic, and his father does not know how to take care of his son's needs. He has never been apart of the minor childs life, and has only seen him about 10-15 times throughout the minor childs life.

My question is responding to the summons, and what my chances would/could be for NOT granting this man 50/50, and to pursue my goal of getting SOUL Physical, and SOUL Legal custody of my child.
Quite frankly, with your specific set of facts I think its highly unlikely that he would have any hope of 50/50 custody simply because he is a virtual stranger to the child...let alone including his other issues.

However, joint legal custody (joint decision making) with a phased in visitation schedule is something that he might possibly get, depending on the total facts and how they are presented to a judge.

I would really recommend that you hire an attorney to handle this for you. However, I do think that the very best you could hope for is that you would have sole custody and he would have supervised visitation, but that may not be possible.
 

CSO286

Senior Member
What is the name of your state (only U.S. law)? Minnesota

I got a summons from the father of my child, who recently was released from Federal Prison. My son is 7 1/2 years old, and his father has NOT been apart of his life since I was 2 months pregnant. He is now asking for 50/50 of joint phsycial, and legal custody, as well as alternating claiming the minor child for taxes every other year. My son is a Type1 Diabetic, and his father does not know how to take care of his son's needs. He has never been apart of the minor childs life, and has only seen him about 10-15 times throughout the minor childs life.

My question is responding to the summons, and what my chances would/could be for NOT granting this man 50/50, and to pursue my goal of getting SOUL Physical, and SOUL Legal custody of my child.
The word is "Sole." Only God owns your SOUL.

What was Dad incarcerated for?
How long was he in?
How involved was Dad in Junior's life prior to incarceration?

Are there any court orders in place? What do they say?
 

Artemis_ofthe_Hunt

Senior Member
The word is "Sole." Only God owns your SOUL.

What was Dad incarcerated for?
How long was he in?
How involved was Dad in Junior's life prior to incarceration?

Are there any court orders in place? What do they say?
I'd argue this point... if only to be a PITA. ;)
 

CSO286

Senior Member
So I assume there are more good God fearing folk out there than not......


And I sincerely apologize to anyone who might have been offended by my Judeo-Christian statement of faith.

(And I'll pray for ya! ;) )



ETA: Jes' like the some says.



Pray For You" by Jaron and The Long Road to Love

I havent been to church since I don’t remember when
Things were goin’ great ‘til they fell apart again
So I listened to the preacher as he told me what to do
He said you can’t go hatin’ others who have done wrong to you
Sometimes we get angry, but we must not condemn
Let the good Lord do His job and you just pray for them

I pray your brakes go out runnin’ down a hill
I pray a flowerpot falls from a window sill and knocks you in the head like I’d like to
I pray your birthday comes and nobody calls
I pray you’re flyin’ high when your engine stalls
I pray all your dreams never come true
Just know whereever you are honey, I pray for you

I’m really glad I found my way to church
‘Cause I’m already feelin’ better and I thank God for the words
Yeah I’m goin’ take the high road
And do what the preacher told me to do
You keep messin’ up and I’ll keep prayin’ for you

I pray your tire blows out at 110
I pray you pass out drunk with your best friend and wake up with his and her tattoos

I pray your brakes go out runnin’ down a hill
I pray a flowerpot falls from a window sill and knocks you in the head like I’d like to
I pray your birthday comes and nobody calls
I pray you’re flyin’ high when your engine stalls
I pray all your dreams never come true
Just know whereever you are, near or far, in your house or in your car,
wherever you are honey, I pray for you.
I pray for you
 
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