Going for full Custody

[paul-6749]

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

I have ben granted temp Costody while my wife has visitation 1st 3rd and 5th weekend. She might move out of town about 70mi. Will this look bad on her when we go in for the full legal fight? Also is there anything i can do to help my odds to get full costody?

 

[Isis1]

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

I have ben granted temp Costody while my wife has visitation 1st 3rd and 5th weekend. She might move out of town about 70mi. Will this look bad on her when we go in for the full legal fight? Also is there anything i can do to help my odds to get full costody?

no it will not look bad on her! moving out of the immediate area does not make her a bad parent. really, dude.

what will happen is mom mvoing out of the area will give you a better standing for being the primary parent. not the better parent.

 

[paul-6749]

Thank you for your response. I was not asking if it would make her look like a bad mom just how the judge might precede it. Do you know if the fact that she got involved with her boss the night she left me and moved right in with him might come in to play with the judge? I could use any help i can get. thanks.

 

[Proserpina]

Thank you for your response. I was not asking if it would make her look like a bad mom just how the judge might precede it. Do you know if the fact that she got involved with her boss the night she left me and moved right in with him might come in to play with the judge? I could use any help i can get. thanks.

Lousy judgment perhaps, but not indicative that she's a bad parent.

But really - what are you worried about? You already have temporary custody with Mom having visitation.

What is it you want to accomplish?

 

[paul-6749]

Well I only have temp custody right now with a hearing in 2 months. im hoping to keep it like it is with my child living with me and his mom having visitation. A judge granted in my faver on monday but with no child support. Could be cause she dont have a job or cause he will rule the other way in 2 months. im just hoping to get some info that might help the judge grant my way. thanks.

 

[Proserpina]

Well I only have temp custody right now with a hearing in 2 months. im hoping to keep it like it is with my child living with me and his mom having visitation. A judge granted in my faver on monday but with no child support. Could be cause she dont have a job or cause he will rule the other way in 2 months. im just hoping to get some info that might help the judge grant my way. thanks.

Tell you what. Let's back up for a second.

What led up to the hearing on Monday? Who was the primary caregiver (I don't mean financially) before Monday?

 

[paul-6749]

Well When my wife moved in with her boss she took the kids with her. I then got a phone call from her boss babysitter telling me that my wife is drunk quite a bit and was kissing her boss with the kid in the room. I got a lawyer and he pasted a restraining order on my wife from the kid. one week latter we saw a judge that herd us both out and granted me temp custody with a full custody date in about 2 months. she has now ben fired from her job for being involved with her boss. thanks for your time to talk about this with me.

 

[Proserpina]

Well When my wife moved in with her boss she took the kids with her. I then got a phone call from her boss babysitter telling me that my wife is drunk quite a bit and was kissing her boss with the kid in the room. I got a lawyer and he pasted a restraining order on my wife from the kid. one week latter we saw a judge that herd us both out and granted me temp custody with a full custody date in about 2 months. she has now ben fired from her job for being involved with her boss. thanks for your time to talk about this with me.

You didn't answer my main question.

Prior to your wife moving out, WHO was the primary caregiver?

Frankly I'm seeing SEVERAL issues you may have.

How the heck you obtained a restraining order based on that is beyond me.

 

[paul-6749]

I guess we both were. she worked all day while i took care of him and i worked evenings while she did. he is only 3 so no school yet. She filed for divorce right after she moved in with my boss so my lawyer counter filed with a restraining order.

 

[Proserpina]

I guess we both were. she worked all day while i took care of him and i worked evenings while she did. he is only 3 so no school yet. She filed for divorce right after she moved in with my boss so my lawyer counter filed with a restraining order.

Yeah, you need to be prepared for something of a reality check here. I have a feeling this isn't exactly as simple as you think it is.

Talk to your lawyer in the morning. Ask him/her why s/he did that. Because it doesn't look bad for Mom - it looks like retaliation from you and I can absolutely see that being tossed.

If you have an attorney, why are you here? Your attorney knows the case.

We do not.

 

[Proserpina]

I guess we both were. she worked all day while i took care of him and i worked evenings while she did. he is only 3 so no school yet. She filed for divorce right after she moved in with my boss so my lawyer counter filed with a restraining order.

YOUR boss?

Or HER boss?

Are you playing us? Typo? ( )

Get your story straight please.

 

[paul-6749]

Well when i got temp custody the babysitter told the judge how bad my wife's drinking was. there was a fight over there that the kid seen involving my wife. and some yelling and screening on another date while drinking with her boss. the reason im here is i went and over spent on a lawyer and he charges me $46 every time i call him.

 

[Proserpina]

Well when i got temp custody the babysitter told the judge how bad my wife's drinking was. there was a fight over there that the kid seen involving my wife. and some yelling and screening on another date while drinking with her boss. the reason im here is i went and over spent on a lawyer and he charges me $46 every time i call him.

Talk to your lawyer.

Seriously.

 

[paul-6749]

Sorry not trying to play anyone. Just want whats best for my child. Her boss that she moved in with and got involved in with they drink and fight.

I really do thank you for your time though. i will call my lawyer tomarow.

 

[mistoffolees]

Yeah, you need to be prepared for something of a reality check here. I have a feeling this isn't exactly as simple as you think it is.

Talk to your lawyer in the morning. Ask him/her why s/he did that. Because it doesn't look bad for Mom - it looks like retaliation from you and I can absolutely see that being tossed.

If you have an attorney, why are you here? Your attorney knows the case.

We do not.

I agree that he needs to be talking with his attorney.

However, he has a lot of things in his favor if he doesn't do something stupid:
- Temporary custody. Temporary custody usually gives that parent an edge when it comes to a permanent custody decision
- Wife is moving 70 miles away. Courts prefer not to disrupt kids' lives by making them move
- Before the divorce, they were roughly equal caretakers. If anything, he was primary since he had the kid during the day and wife had the child's sleeping time

Whether the restraining order was justified or not isn't really relevant. The judge ordered one and temporary custody.

Now, OP needs a wakeup call as well. He's not going to get sole custody. They are almost certainly going to get joint legal. And Mom will have a significant time share of whatever physical custody is awarded. If OP goes in demanding full custody and alleging that Mom is a terrible Mom for kissing her boss, it will only weaken his case rather than strengthen it.