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  1. #1
    Screwed99 is offline Member
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    Temporary Sole Custody

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

    Hello. My Sons mother and I are getting ready to fight it out in Court, I am looking for Joint Physical and Legal Custody, she is looking for Sole Custody. Our Son is 11 months old. Her attorney has filed a motion for Temporary Sole Custody on the grounds that
    1). I am a new parent and do not have the required experience in parenting and
    2). That Temporary Sole custody should naturally go to the child's mother.

    My Son currently lives with his mother, we have been separated since January of 2008, I filed for an annulment in January of 2008 after five weeks of marriage. Our Son was born in August of 2008. I have a court order for Professional Supervised visitation once per week for three hours. Both our names are on his Birth Certificate, custody has never been addressed in court.

    My question is as follows - will an award of Temporary Sole Custody set a precedent which will be hard to break when the judge makes her decision as to the final custody award? I am trying to get behind their motive.

    Thank you.
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by Screwed99 View Post
    What is the name of your state (only U.S. law)? IL

    Hello. My Sons mother and I are getting ready to fight it out in Court, I am looking for Joint Physical and Legal Custody, she is looking for Sole Custody. Our Son is 11 months old. Her attorney has filed a motion for Temporary Sole Custody on the grounds that
    1). I am a new parent and do not have the required experience in parenting and
    2). That Temporary Sole custody should naturally go to the child's mother.

    My Son currently lives with his mother, we have been separated since January of 2008, I filed for an annulment in January of 2008 after five weeks of marriage. Our Son was born in August of 2008. I have a court order for Professional Supervised visitation once per week for three hours. Both our names are on his Birth Certificate, custody has never been addressed in court.

    My question is as follows - will an award of Temporary Sole Custody set a precedent which will be hard to break when the judge makes her decision as to the final custody award? I am trying to get behind their motive.

    Thank you.
    Did you actually GET an annulment with your wife being pregnant?

    Its logical that she would ask for temporary custody since the child has always lived with her. I am kind of doubting that the attorney worded the motion exactly the way that you stated.

    Why is your court order for professional supervised visitation?

    You have a somewhat odd set of facts.
  3. #3
    Screwed99 is offline Member
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    Quote Originally Posted by LdiJ View Post
    Did you actually GET an annulment with your wife being pregnant?

    Its logical that she would ask for temporary custody since the child has always lived with her. I am kind of doubting that the attorney worded the motion exactly the way that you stated.

    Why is your court order for professional supervised visitation?

    You have a somewhat odd set of facts.
    Thanks. No, not yet. Apparently, according to my attorney custody needs to be resolved first before the marriage is dissolved. ( I don't know if that is true or not). My Sons Mother objected to unsupervised visitation as the baby is only eleven months old, stating that he is too young for unsupervised visitation.
  4. #4
    waitinMd is offline Member
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    How old was the child when supervised visits actually started? I don't want to assume...

    My attorney suggest that I take all the parenting classes for child rearing up to the age of 5. He said since I was young and we were single it was a good idea. The judge seemed impressed. I also took the free classes offered at the local hospital while she was pregnant on how to take care of infants and young toddlers.
  5. #5
    Screwed99 is offline Member
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    Quote Originally Posted by waitinMd View Post
    How old was the child when supervised visits actually started? I don't want to assume...

    My attorney suggest that I take all the parenting classes for child rearing up to the age of 5. He said since I was young and we were single it was a good idea. The judge seemed impressed. I also took the free classes offered at the local hospital while she was pregnant on how to take care of infants and young toddlers.
    Good idea. I've also been taking parenting classes and infant CPR. I was awarded Supervised visitation by the Court after my Son was three months old.
  6. #6
    Isis1 is offline Senior Member
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    Quote Originally Posted by Screwed99 View Post
    Thanks. No, not yet. Apparently, according to my attorney custody needs to be resolved first before the marriage is dissolved. ( I don't know if that is true or not). My Sons Mother objected to unsupervised visitation as the baby is only eleven months old, stating that he is too young for unsupervised visitation.
    yes, custody needs to be handled before a marriage is dissolved. that's almost standard.

    curious....with mom insisting on supervised visitation, what professional came home with her to give HER supervised visitation from the hospital?
  7. #7
    Screwed99 is offline Member
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    Well there is a little more to it. She filed a report with the DCFS in IL (Department of Child and Family Services) stating that I physically assaulted my Son at a visit one Sunday in a church that she attends. Apparently I let him drop and hit his head off a metal bar. The report came back unfounded. According to my attorney the judge is covering herself by only awarding supervised visits until an impartial third party gives an opinion in court as to my competence as a parent etc. I am a first time parent so I'm learning as I go along having to wade through the court system etc. I guess seen as she gave birth and took him home she already has temporary sole custody by default.
  8. #8
    Isis1 is offline Senior Member
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    Quote Originally Posted by Screwed99 View Post
    Well there is a little more to it. She filed a report with the DCFS in IL (Department of Child and Family Services) stating that I physically assaulted my Son at a visit one Sunday in a church that she attends. Apparently I let him drop and hit his head off a metal bar. The report came back unfounded. According to my attorney the judge is covering herself by only awarding supervised visits until an impartial third party gives an opinion in court as to my competence as a parent etc. I am a first time parent so I'm learning as I go along having to wade through the court system etc. I guess seen as she gave birth and took him home she already has temporary sole custody by default.
    okay. you made me clinch a bit. but accidents happen. i wouldn't have called that physical assault though. that was overdoing it. look, if you're fine with the supervised visitation, then utilize it. the professional supervision....i don't know. i would have gone with maybe your mother or close adult relative who has children.
  9. #9
    Screwed99 is offline Member
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    Quote Originally Posted by IsabellaSoriano View Post
    okay. you made me clinch a bit. but accidents happen. i wouldn't have called that physical assault though. that was overdoing it. look, if you're fine with the supervised visitation, then utilize it. the professional supervision....i don't know. i would have gone with maybe your mother or close adult relative who has children.
    Thanks. Yes, we tried that avenue but she would not agree to it stating that she would only agree to professional supervised visitation. Also the report was fictitious, there was no accident and my Son was not dropped. It was a successful ploy on her part to suspend my visitation until due process was conducted by the DCFS, which it did .

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