Need advice on counterclaim

[nofeardad]

What is the name of your state? MD

Wife filed for sole physical and legal custody. We are still married. She has been in hosp for two years. I have taken care of child. She's getting released and wants sole custody of 3 y/o. She cannot physically take care of her. I answered complaint with a 50/50 parenting plan. She wants all or nothing. The drugs she's been on have changed her personality and I am concerned for child. Can I counterclaim for physical and legal custody and win giving her liberal visitation?

 

[profmum]

No one can tell you if you will "win" or not... how disabled is she..? her ability to take care of 3 yr old can impact what parenting time she gets...and as i tell most.. one can yell and scream all they want about parenting time etc.. does not mean the Courts are going to grant it

 

[majomom1]

Please answer how disabled she is... How long will she continue the drugs she is on?

You have already proposed 50/50, so your claim now that she is unable to care for the child or what the drugs do... is a little late.

It is very, very unlikely that she will get all or nothing. Don't make a knee jerk reaction based on her stubborness... take the high road and counter claim with your original "shared" plan.

 

[Ohiogal]

What is the name of your state? MD

Wife filed for sole physical and legal custody. We are still married. She has been in hosp for two years. I have taken care of child. She's getting released and wants sole custody of 3 y/o. She cannot physically take care of her. I answered complaint with a 50/50 parenting plan. She wants all or nothing. The drugs she's been on have changed her personality and I am concerned for child. Can I counterclaim for physical and legal custody and win giving her liberal visitation?

If you were the primary caregiver then most likely you will remain so. She will not get sole custody. However you cannot state that you are concerned for the safety of the child and yet offer a 50/50 plan. The first thing a judge will think is you are either stupid or lying.