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mother getting out of jail, will file for custody....

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rn12rw2

Member
What is the name of your state? Va.

Ok, 2 and a half years later, mother will be getting out of jail on November 13, 2006. She served time for 2nd DUi in ten years and involuntary manslaughter. Before this happened we both had 50/50 physical and legal custody w/ no custodial parent. I was awarded sole custody in August of 2004. Can she really get any custody? Search for my posts in the past to see the whole history of events if needed.

Thanks to all.
 


tigger22472

Senior Member
What is the name of your state? Va.

Ok, 2 and a half years later, mother will be getting out of jail on November 13, 2006. She served time for 2nd DUi in ten years and involuntary manslaughter. Before this happened we both had 50/50 physical and legal custody w/ no custodial parent. I was awarded sole custody in August of 2004. Can she really get any custody? Search for my posts in the past to see the whole history of events if needed.

Thanks to all.
She is going to have to prove:

A) you unfit;
B) a significant change in circumstance in YOUR home in which is detrimental to the child.

She will likely file for and recieve visitation, you need to fight for supervised to have the child get reaquainted and ensure mom's following all the rules now (i.e when she gets out).
 

rn12rw2

Member
Neither which is good.

Before and after our breakup I was a stay at home dad Mon-Fri. I only work on weekends. I kept her all day while she (her mother) worked when we were married and after we split, I had the child from 11 mos. every monday-friday 7AM to 6PM and anywhere from 1 to 3 nights a week she (the child) would spend the night. I finally aquired full custody at 4 y/o. She just turned 6 in September. She has alway wanted to live with me and to this day states she does not want to live with her mother. I guess spending a lot of time with the child from birth we have that bond that a child gets with their provider of care. But a judge is not going to listen to a 6 y/o.
 

tigger22472

Senior Member
Neither which is good.

Before and after our breakup I was a stay at home dad Mon-Fri. I only work on weekends. I kept her all day while she (her mother) worked when we were married and after we split, I had the child from 11 mos. every monday-friday 7AM to 6PM and anywhere from 1 to 3 nights a week she (the child) would spend the night. I finally aquired full custody at 4 y/o. She just turned 6 in September. She has alway wanted to live with me and to this day states she does not want to live with her mother. I guess spending a lot of time with the child from birth we have that bond that a child gets with their provider of care. But a judge is not going to listen to a 6 y/o.
Her age makes no difference. Mom is GOING to get some form of visitation. I assume when she went to jail that was when the custody was changed... was visitation given to mom then? Or is she required to file when she gets out?
 

rn12rw2

Member
I assume when she went to jail that was when the custody was changed... was visitation given to mom then?

That is correct. Visitation to the jail by the maternal GM. She's not required to file for visitation unless we can come to an agreement. I know the judge will make it every other weekend and probably 1 night a week and split holidays......

The main thing I'm concerned about is the judge giving her 50/50 legal/physical custody again. I don't want that. I want to keep sole custody and be the custodial parent. I feel as if she can't make a correct decision as an adult how can she make one as a parent?
 

tigger22472

Senior Member
I assume when she went to jail that was when the custody was changed... was visitation given to mom then?

That is correct. Visitation to the jail by the maternal GM. She's not required to file for visitation unless we can come to an agreement. I know the judge will make it every other weekend and probably 1 night a week and split holidays......

The main thing I'm concerned about is the judge giving her 50/50 legal/physical custody again. I don't want that. I want to keep sole custody and be the custodial parent. I feel as if she can't make a correct decision as an adult how can she make one as a parent?
She's not even going to get EOW and one night right off the bat, especially if you fight it.. and there's not a shot in hell to go back to 50/50 if you don't agree
 

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