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Can a parent get custody of only one of their children?

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Zigner

Senior Member, Non-Attorney
I'm saddened that the collective "we" have jumped straight onto that train-track. Would we be thinking the same thing if the genders of the children were reversed?

I know it's a stereotype but there's some truth to this (as with most stereotypes now I think about it): Men very often don't get all mushy with babies. They're often little bundles of Prime Stench without a personality and sometimes that doesn't change till until the child is at least out of diapers.

(Um... the underlined pertains to the child, not the parent, although it could be true for both)
I guess I'm jaded...I didn't have the gender of the child in mind at all when that popped in to my mind.
 


notsurewhatto

Junior Member
I don't think my ex has any sinister intent toward our daughter. The youngest is 3. He's out of diapers. Their dad just never bonded with our son. Not sure why. there is no court ordered visitation at this time. Me denying him visits unless he sees both children is legal since I currently have full custody. (or so I'm told) I just don't want it to look bad in front of a judge because I've heard horror stories about parents who won't let the other parent see their kids. I'm not trying to be possessive of our kids, as I said, in the past I let him see our kids whenever he asked. Just for the 6 months or so (since he started dating someone new) he doesn't want our son around. He knows he's his. There are no doubts. Would a judge ever give him 50/custody of one child but not the other? I just can't imagine how our son will grow up with seeing his sister spend time with their dad and see that dad doesn't want him. If a judge is supposed to have the best interest of the children in mind I can't imagine how that is in the best interest. I understand you can't force a NCP to take their visitation though. Thank you all for your replies
 

TinkerBelleLuvr

Senior Member
Generally, a judge isn't going to separate children without a very viable option. The fact is that the children have always lived with mom. Mom, did take take your daughter from a young age or just more as she got older?

I might ask a judge to see if something could be ordered to help dad bond with younger child. Yes, you can lead a horse to water but the horse won't drink from the water.

I am strictly looking from a best interest of the child perspective here. Worse case is that dad be liable for all the therapy visits because dad is being a jerk.
 

notsurewhatto

Junior Member
Parental Interference?

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

So I received a petition for custody from my children's father and he is alleging parental interference with visitations as his reason for seeking custody. Currently paternity has been established but we have never had a formal arrangement. Children have lived with me since birth and he visits them or takes them when he wants to (there is no set schedule) He is now seeking 50/50 custody. Can you give me some examples of parental interference? Thank you in advance.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? WV

So I received a petition for custody from my children's father and he is alleging parental interference with visitations as his reason for seeking custody. Currently paternity has been established but we have never had a formal arrangement. Children have lived with me since birth and he visits them or takes them when he wants to (there is no set schedule) He is now seeking 50/50 custody. Can you give me some examples of parental interference? Thank you in advance.
Well, the law in your state says (bolding is mine): http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=48&art=9

"PART 5. ENFORCEMENT OF PARENTING PLANS.
§48-9-501. Enforcement of parenting plans.
(a) If, upon a parental complaint, the court finds a parent intentionally and without good cause violated a provision of the court-ordered parenting plan, it shall enforce the remedy specified in the plan or, if no remedies are specified or they are clearly inadequate, it shall find the plan has been violated and order an appropriate remedy, which may include:

(1) In the case of interference with the exercise of custodial responsibility for a child by the other parent, substitute time for that parent to make up for time missed with the child;

(2) In the case of missed time by a parent, costs in recognition of lost opportunities by the other parent, in child care costs and other reasonable expenses in connection with the missed time;

etc. etc."

And then this is from FindLaw, as general knowledge: http://blogs.findlaw.com/law_and_life/2013/08/what-is-custodial-interference.html
 

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