Im trying to get Custody of my 3 year old son.

[stealth2]

I am on the birth certificate.

Does not actually answer the question as to whether paternity has been legally established.

 

[Silverplum]

Does not actually answer the question as to whether paternity has been legally established.

In Colorado, it does. http://www.colorado.gov/cs/Satellite/CDPHE-CHEIS/CBON/1251595220365

I looked it up, because accuracy matters.

 

[Proserpina]

In Colorado, it does. http://www.colorado.gov/cs/Satellite/CDPHE-CHEIS/CBON/1251595220365

I looked it up, because accuracy matters.

Isn't that the case state-wide though, with an unwed couple?

Dad can't get on the birth certificate without first signing the AOP or otherwise being found to be the father?

 

[stealth2]

In Colorado, it does. http://www.colorado.gov/cs/Satellite/CDPHE-CHEIS/CBON/1251595220365

I looked it up, because accuracy matters.

Fair enough - thabnks!

 

[Je252b]

I didn't get to see him from September until I picked him up in February. She wouldn't let me. She also lived with a new bf and I didn't have an address to where my son was living.

 

[CJane]

So really, given the age of the child, you've only spent a very tiny amount of time being his caregiver, yes?

What's your work schedule? What is your wife's work schedule?

 

[Je252b]

Since he was born both me and his mom worked. When I would work she would stay with him and when she would work I would stay with him. I work two jobs and my wife is a stay at home mom taking care of our kids, I work nights so I get to spend the days with them,

 

[Proserpina]

Since he was born both me and his mom worked. When I would work she would stay with him and when she would work I would stay with him. I work two jobs and my wife is a stay at home mom taking care of our kids, I work nights so I get to spend the days with them,

I see a problem here.

You're working nights, and likely to be sleeping at least a good portion of the morning hours. If the option is to stay with you and have your wife take care of him versus Mom taking care of him...well, I doubt it's going to work well for you in court.

 

[Je252b]

His mom works all day and he would have to be with a baby sitter. At least here he would be home. And when he starts school I'll be working while he's asleep and sleeping while he's at school,

 

[Proserpina]

His mom works all day and he would have to be with a baby sitter. At least here he would be home. And when he starts school I'll be working while he's asleep and sleeping while he's at school,

And who would be the one spending the overnights with him?

Mom.

 

[Je252b]

My wife would watch him at night. He would be sleeping.

 

[Proserpina]

My wife would watch him at night. He would be sleeping.

And we're back to square 1 again.

Why can't Mom watch him?

 

[anearthw]

What are the work schedules?

He's almost 4 (which btw, is not abnormal to not be toilet trained, particularly boys), and it seems he will likely be in preschool/kindergarten very soon during the day.

When you say you work nights, what does that mean? Does that mean you start at 3,4,5pm? Or well past when he goes to bed (11pm, etc)? Are you sleeping during the day?

I would like to point out also dad - that your wife doesn't get to replace mom here. I get the impression you think that your wife is superior to daycare and she may very well be in practicality, for legal purposes, the court does not favor the stepmother over professional childcare and certainly not the mother.

 

[stealth2]

My wife would watch him at night. He would be sleeping.

Who is not his Mom or Dad. How would you feel if her b/f or husband was watching your son at night, instead of you?

 

[I'mTheFather]

What does your lawyer say about your chances?