Father trying to get 50-50 custody of our daughter!

[Ohiogal]

I do understand that this not not an INITIAL custody determination. We never had an agreement in the first place for her going over there or anything. I think I will consult an attorney, just so I can have guidance on where to go from here. This is just a very scary time for me right now, I don't see how he could afford to pay for half of her expenses IF he were granted 50-50, with him not being employed anywhere. The law is very confusing and unfair at times!

If you never had an agreement or order for visitation/custody that was ratified through the courts, this is an initial determination which means dad may get joint custody. And if he were granted 50% of the time and you earn more? You could pay him child support. The law is not unfair at times. Both parents have EQUAL constitutional rights to their child.

 

[Ohiogal]

Right the only other court order I have is for Child Support, he petitioned for the parenting, shared time under the child support case. He stated one of the reasons he was doing this is because he wants his child support payments lowered each month. But other than that, we have never had a court ordered statement stating that she had to be with him on a certain day, time, week or holiday. This is something I have never seen before with child visitation/parenting plan.

You need an attorney because you don't even understand that this is an INITIAL custody determination. Therefore, he has equal rights and a good possibility of joint custody. Why? Because he is dad.

 

[kpower]

Because he is a dad and income doesn't matter for a custody determination. What matters is his constitutional right to be a father. If you don't know the law and the rules then you should get an attorney.

Yeah we're getting an attorney for sure, we aren't going to risk losing her.

 

[LdiJ]

You need an attorney because you don't even understand that this is an INITIAL custody determination. Therefore, he has equal rights and a good possibility of joint custody. Why? Because he is dad.

Even in an initial custody determination the amount of time that a parent has actually spent with a child is a major best interests factor...and its not very likely that a parent who has spent as little time as he has with the child is going to get a 50/50 timeshare over the objection of the other parent. Joint legal custody yes, maybe a really slim shot at shared parenting, but a 50/50 timeshare?, way unlikely.

 

[kpower]

Even in an initial custody determination the amount of time that a parent has actually spent with a child is a major best interests factor...and its not very likely that a parent who has spent as little time as he has with the child is going to get a 50/50 timeshare over the objection of the other parent. Joint legal custody yes, maybe a really slim shot at shared parenting, but a 50/50 timeshare?, way unlikely.

I know that they go off of what is in the best interest in the child in court. That was one factor that was stated in decision making for this.

 

[Ohiogal]

Even in an initial custody determination the amount of time that a parent has actually spent with a child is a major best interests factor...and its not very likely that a parent who has spent as little time as he has with the child is going to get a 50/50 timeshare over the objection of the other parent. Joint legal custody yes, maybe a really slim shot at shared parenting, but a 50/50 timeshare?, way unlikely.

It is A factor but not the determining factor. And you keep saying that 50/50 timeshare is unlikely over the objection of one parent -- that is NOT true in all states. You seem to believe it is. Amount of time is not any more important than any other best interest factor. Why do you tend to state otherwise?

 

[Ohiogal]

I know that they go off of what is in the best interest in the child in court. That was one factor that was stated in decision making for this.

There are MANY factors used to determine best interest of the child -- not just one.

 

[kpower]

There are MANY factors used to determine best interest of the child -- not just one.

The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
The moral fitness of the parents.
The mental and physical health of the parents.
Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.
Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

He does a have a domestic violence charge, child has lived in a stable environment for 1 1/2 years, father made false accusations on me, calling CPS saying I neglected her. CPS cleared the case because they found the accusation to be false. With this being said and done, does this help my case?

 

[Ohiogal]

The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
The moral fitness of the parents.
The mental and physical health of the parents.
Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.
Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

He does a have a domestic violence charge, child has lived in a stable environment for 1 1/2 years, father made false accusations on me, calling CPS saying I neglected her. CPS cleared the case because they found the accusation to be false. With this being said and done, does this help my case?

Those are NOT all the best interest factors. CPS will not be admissible because people who make referrals to CPS are confidential. A charge doesn't matter as it is not admissible.
Below are the best interest factors as of October 1, 2008:

(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the child is of sufficient age

(j) The demonstrated knowledge, capacity, & disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity & disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.

Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity & disposition of each parent to participate and be involved in the child's school and extracurricular activities.

(q) The demonstrated capacity & disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity & disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages & needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

(t) Any other factor that is relevant to the determination of a specific issue

Article Source: http://EzineArticles.com/1354996

 

[Ohiogal]

Yeah we're getting an attorney for sure, we aren't going to risk losing her.

Who is we? And dad having joint custody does not mean that you lose her -- anymore than dad has lost her.

 

[liberty007]

I keep seeing "constitutional right to a child". In this and many threads. I do not disagree that a parent has the right to their child. Not at all. My question is how is this right protected specifically by the constitution?

 

[TheGeekess]

Yeah we're getting an attorney for sure, we aren't going to risk losing her.

Who are WE? You gotta mouse in your pocket or is that in the royal sense?

And you're not LOSING her, she's gaining contact with a parent. This is not a game and there are no winners or losers.

 

[TheGeekess]

Who is we? And dad having joint custody does not mean that you lose her -- anymore than dad has lost her.

Great minds and all that jazz.

 

[Ohiogal]

I keep seeing "constitutional right to a child". In this and many threads. I do not disagree that a parent has the right to their child. Not at all. My question is how is this right protected specifically by the constitution?

It is not "constitutional right to a child" but rather the constitutional right to parent your child. It is considered one of the penumbra of rights. The Supreme Court has defined the penumbra of rights in various cases including Loving v. Virginia, Troxel v. Granville, and various other cases.

 

[>Charlotte<]

I keep seeing "constitutional right to a child". In this and many threads. I do not disagree that a parent has the right to their child. Not at all. My question is how is this right protected specifically by the constitution?

Our Constitution acknowledges our right to exist as a free and unencumbered society, protected against government control except under very specifically defined circumstances (law). There is nothing more basic than our God-given (or nature designated, depending on your beliefs) ability to procreate.