childs best intrest

[krislild]

What is the name of your state? new mexico


I am filing for sole/physical custody of my one year old her father has only seen her a few times and has never supported her emotionally, finanically, or physically.
My daughter doesn't know her father yet he claims that he is going to be in her life and that there is nothing I can do. He is not on her birth certificate and was not around during my pregnancy, her birth, and the first 7 months of her life. We tried to make things work but he is a compulsive liar, he doesnt care for my daughters safety. He made and did drugs and has recently checked himself into a rehab.
I believe the only reason he did this is so he can have a place to stay instead of on the streets. My question is will a judge see this action as trying and award him partical custody or vistiation rights only.
Will a judge frown on the fact that we tried to work things out until i found out he was stilling heavily into drugs both doing and making, plus he had endagered my daughter during this time

PLEASE ANY ADVICE WOULD BE APPRECIATED.

 

[hexeliebe]

The only thing a judge is going to frown on is statements like:

i found out he was stilling heavily into drugs both doing and making, plus he had endagered my daughter during this time

Or

he is a compulsive liar, he doesnt care for my daughters safety.

In other words, things like this, without proof, are just the type of things a judge in family court hears all the time. And they hold little weight.

If the man is your daughter's father then he has the right to be in her life until such time as he decides not to be. And there is nothing you can do about that.

What you can do is to ask for supervised visitation for a period of time (usually very short) based on your allegations but you'd better be prepared to prove every one of them.

Don't think your case is anything special. Parents think the other one is unfit all the time. It gets old here and in front of a judge.

 

[krislild]

Thanks for your input. I know that judges always here one parent bad mouthing the other. I don't have a problem with him having supervised visits every other weekend. He really is an un fit father. What kind of parent would use his money to buy things to support his habit verses by formula or diapers. He has told me that he doesn't even think my daughter is his. He has not had a job in two basically three years. Everyone that knows him says the same thing i say that he is a loser( male & female). Sorry to say but its very true. The part about him endagering my daughter, I helped him try to get on his feet payed for one of those weekly apartments till he got a job. which he had 2 in 2 months and was fired from both for steeling. Anyway i never took my daughter there cause it was a dirty place. Thank god that i didn't cause i found things to make meth labs. He always would beg me to bring the baby over knowing that stuff was in there.