Can he get custody?

[hismineandours7]

What is the name of your state? TN

ok my friend who is not able to get on the website wanted me to ask if her husband will be able to get custody of their daughter. Can she make it so he gets supervised visitation? Her daughter has epilepsy and he doesnt know medically what to do with her. (they are seperated not yet divorced)and he is living with his pregnant gf and is harrassing them by coming over all the time and calling non stop yelling and cussing at her and threatening her and banging on her door for hours at a time. He wants their daughter to stay at the house where he is living with his pregnant mistress. Will the courts consider that as to what kind of person he is? What are the chances of him getting custody? She is going to down to the court house tomorrow to file for an order of protection due to his threatening phone calls and the fact that he wont stop harrassing her. her daughter also has Anaphylaxis, Asthma, and he has no idea what kind of meds or when they are supposed to be given to her

 

[hismineandours7]

Can anyone help? I would like to be able to give her some answers and since I don't know TN laws I can't help her much myself.

 

[dbd]

it is suggested that evidences of these abuses exist prior to requesting any restraining order against him.
such as actual witnesses,neighbor's,Landlord,etc.
I am very oppossed to any supervised visitation unless by a clear and convincing evidence that there exist a risk to the child.
When there is a taking away of Parental Superiority rights of a parent to be a parent,can have a substantial negative impact on the childs welfare,as well as the welfare of the annexed parent.
On the other hand if a danger exists to the childs welfare,it wont matter whether the visitation is supervised or not,if one is in a wrong state of mind,whether out of vengeance,or retribution it may create more harm than good.
The child as well as her mother have a natural right to be protected from any agressive behavior.
Children however should never be utilised as a tool of conveinance amongst any party.
Evidences such as phone recordings,video,etc is a must have in such situations,that way she is protected as well,if there becomes a situation in which requires protective custody.
evidences must exist,depositions from a witness on behalf of an accuser does not satisfy the burden of proof to find guilt,but is merely a part of the discovery process.
a party calling the police does not establish the proof of burden exclusively,and may be subject to construction,if a further domestic related trial takes place finding him as a threat.
If the courts order a supervised visitation without discovery,and etc. then the court would be violating the defendants due process rights.
evidences of abuse must be recorded,and submitted.

 

[Ohiogal]

it is suggested that evidences of these abuses exist prior to requesting any restraining order against him.
such as actual witnesses,neighbor's,Landlord,etc.

What are you talking about?

I am very oppossed to any supervised visitation unless by a clear and convincing evidence that there exist a risk to the child.

Your opinion doesnt matter. What matters is the law. And believe it or not your opinion is not law.


When there is a taking away of Parental Superiority rights of a parent to be a parent,can have a substantial negative impact on the childs welfare,as well as the welfare of the annexed parent.

Parent Superiority rights? Give me a break. No such creature in the law.

On the other hand if a danger exists to the childs welfare,it wont matter whether the visitation is supervised or not,if one is in a wrong state of mind,whether out of vengeance,or retribution it may create more harm than good.
The child as well as her mother have a natural right to be protected from any agressive behavior.

and the father has a right to see his daughter without mom butting in or controlling the situation.


Children however should never be utilised as a tool of conveinance amongst any party.
Evidences such as phone recordings,video,etc is a must have in such situations,that way she is protected as well,if there becomes a situation in which requires protective custody.

Courts HATE phone recordings and video etcetera. And you forgot to warn the OP that the other person may need to be informed that they are being recorded if the state is a two party state. Even if it is only a one party state, recordings can only be done between mom and dad because a minor cannot consent to being recorded. And that is easy to discredit because whoever is doing the recording is bound to be sweetness and light.
evidences must exist,depositions from a witness on behalf of an accuser does not satisfy the burden of proof to find guilt,but is merely a part of the discovery process.
a party calling the police does not establish the proof of burden exclusively,and may be subject to construction,if a further domestic related trial takes place finding him as a threat.
If the courts order a supervised visitation without discovery,and etc. then the court would be violating the defendants due process rights.
evidences of abuse must be recorded,and submitted.

You speak a lot of bull but seem to know nothing worthwhile.

 

[Ohiogal]

What is the name of your state? TN

ok my friend who is not able to get on the website wanted me to ask if her husband will be able to get custody of their daughter. Can she make it so he gets supervised visitation?

She cannot make it so that he gets anything. The court may if she can prove that the husband is a danger to the child.

Her daughter has epilepsy and he doesnt know medically what to do with her.

He can learn. He can hire a nurse. There are dozens of things he can do and mom saying he doesn't know anything is not enough to get supervised visitation.
(they are seperated not yet divorced)and he is living with his pregnant gf and is harrassing them by coming over all the time and calling non stop yelling and cussing at her and threatening her and banging on her door for hours at a time. He wants their daughter to stay at the house where he is living with his pregnant mistress.

And dad is allows to his child around whoever he wants her around as long as that person is not a danger to the child. Is mom allowing dad to spend time with HIS daughter? Or is keeping the child away from dad because she knows best?


Will the courts consider that as to what kind of person he is?

The courts will consider what kind of people both are. Mom isn't exactly an innocent especially if she is trying to control when and where dad can see his daughter. The courts will frown on that immensely because both mom and dad have EQUAL rights to the child. Mom is not superior to dad. Has a guardian ad liteum been appoitned?
What are the chances of him getting custody?

Fifty fifty.

She is going to down to the court house tomorrow to file for an order of protection due to his threatening phone calls and the fact that he wont stop harrassing her. her daughter also has Anaphylaxis, Asthma, and he has no idea what kind of meds or when they are supposed to be given to her

HER DAUGHTER? Dang -- you are so wrong. It is his daughter as well. He can learn. He is the father. And if his threats are NOT those that revolve around imminent bodily harm then it is not restraining order worthy. If mom is keeping his daughter away from him because she thinks she can, that is a problem and no wonder that dad is calling and angry. Harassing her? What kind of court order is there in place for visitation? Any? If not dad has just as much right as mom. And mom cannot keep dad from daughter. To do so is interfering with HIS rights.

 

[hismineandours7]

At this point there is no court order they have only been seperated for a matter of months. She does not want her daughter around the pregnant mistress is there anyway to say that he cant have their child around her?

 

[hismineandours7]

and no mom has not allowed dad to see daughter. When he calls he yells and threatens the mom she doesn't trust him with their daughter. When the police were called they told her to go get a restrainging order.

 

[angiesmom]

At this point there is no court order they have only been seperated for a matter of months. She does not want her daughter around the pregnant mistress is there anyway to say that he cant have their child around her?

No, dad can have whoever he wants around daughter. To quote what Ohiogal already told you "And dad is allows to his child around whoever he wants her around as long as that person is not a danger to the child. "

 

[hismineandours7]

well obviously she isnt a good person if she slept with a married man...

 

[angiesmom]

well obviously she isnt a good person if she slept with a married man...

It doesn't matter. As long as mom cannot prove that the "mistress" is a physical harm to daughter, there is nothing mom can do about who dad has around the daughter.

 

[Ohiogal]

and no mom has not allowed dad to see daughter. When he calls he yells and threatens the mom she doesn't trust him with their daughter. When the police were called they told her to go get a restrainging order.

She has NO RIGHT to deny him to see the child. She also has no right to dictate who he can take the child around. No wonder dad calls. watch for when this goes to court for dad to ask for full custody because mom has been a total control freak and refused him a relationship with his child. She married him. She slept with him. She had a child with him. Dad has EQUAL rights to this child. She needs to grow up and quit being selfish, bitter and vindictive.

 

[Ohiogal]

At this point there is no court order they have only been seperated for a matter of months. She does not want her daughter around the pregnant mistress is there anyway to say that he cant have their child around her?

TOUGH! She doesnt' have a choice. The court may be able to order that but dont look for the court to be all that sympathetic to a parent that is using their child as a weapon and withholding the child from the father.

 

[Ohiogal]

well obviously she isnt a good person if she slept with a married man...

That is a moral argument which will get you no where. Nor will get mom anywhere. What will get dad somewhere is by showing the court that mom has withhold his daughter from him because she wants to control the situation. She has not fostered nor encouraged said relationship and has interfered every chance she gets. That is a good reason for custody to be given to dad legally. And if and when that happens, mom can look in the mirror and thank herself -- and anyone else who has decided that she is right and supported her in it.

 

[weenor]

well obviously she isnt a good person if she slept with a married man...

The courts don't consider "morality" in these issues and if this is the basis for Mom's failure to cooperate, the judge will see this as intereference with parental rights. If Dad gets a court ordered visitation schedule first, he will get what he wants and if Mom interfers she could very well be the one with "visitation" in the end.

 

[hismineandours7]

well she refuses to let dad see the child. She doesn't figure he will fight long for there daughter as he didn't fight for long to see a child he had by another woman before her and him hooked up. She is going to the court house today to get the restraining order and then she won't have to worry about it