Help! Can I get Full Legal Custody?

[tkaboni]

I have Joint Legal Custody with Physical Custody of my 2 1/2 year old son. The father left and did not see his son until he was 9 months old at which time we were trying to work things out, but not living together and had contact with his son for 3 months, things didn't work for us. In march 2005 I finally received the child support order and to follow the Friend of Court Handbook and Parenting Time Guidelines, where father would get every other weekend, alternating holidays, and 3 weeks in summer. From March 2005 when Child Support Order established til August, I had to contact father to see if he wanted visitation and provided transportation to and from the father. In 2005, he was his son 5 days, with the exception of when my son was at the father's mothers house because she was babysitting for me. He has continuously failed to pick up his son, failed to call to make alternate arrangements. The father has a history of Alcohol Abuse, DUI's, and Rehab and continues to drink, I am concerned about the safey and well being of our son when his father has visitation because I have no way of knowing if his father is drinking while having visitation. Do I have a chance to gain full legal custody?

 

[Neal1421]

I have Joint Legal Custody with Physical Custody of my 2 1/2 year old son. The father left and did not see his son until he was 9 months old at which time we were trying to work things out, but not living together and had contact with his son for 3 months, things didn't work for us. In march 2005 I finally received the child support order and to follow the Friend of Court Handbook and Parenting Time Guidelines, where father would get every other weekend, alternating holidays, and 3 weeks in summer. From March 2005 when Child Support Order established til August, I had to contact father to see if he wanted visitation and provided transportation to and from the father. In 2005, he was his son 5 days, with the exception of when my son was at the father's mothers house because she was babysitting for me. He has continuously failed to pick up his son, failed to call to make alternate arrangements. The father has a history of Alcohol Abuse, DUI's, and Rehab and continues to drink, I am concerned about the safey and well being of our son when his father has visitation because I have no way of knowing if his father is drinking while having visitation. Do I have a chance to gain full legal custody?

What do you hope to accomplish with full legal custody? He will still have just about the same rights to the child and will probably have the same visitation schedule.

 

[tkaboni]

Help

He won't have the same visitation if have his visitation reduced since he isn't following it anyways. Why should I have to waste everyother weekend waiting for him to call or pickup his son when doesn't follow the Friend of Court Order. If he does call, he is rude and vulgar and have have gone above my responsibility for my son to see his dad. He has had more than enough time to take responsibility if he wants to see his son and hasn't done nothing. The father can't take responsibility for his Alcohol Problem or himself, why should he have responsibility of legal decisions regarding his son if he cant take responsibility for himself?

 

[Neal1421]

He won't have the same visitation if have his visitation reduced since he isn't following it anyways. Why should I have to waste everyother weekend waiting for him to call or pickup his son when doesn't follow the Friend of Court Order. If he does call, he is rude and vulgar and have have gone above my responsibility for my son to see his dad. He has had more than enough time to take responsibility if he wants to see his son and hasn't done nothing. The father can't take responsibility for his Alcohol Problem or himself, why should he have responsibility of legal decisions regarding his son if he cant take responsibility for himself?

Visitation is a right, not an obligation for him. You are however obligated to have the child ready during his scheduled visitation times if he chooses to see the child.

Yes, he should see his child but no he doesn't have to if he doesn't want to.

As far as making the legal decisions in his child's life, is he really making any.

You may be able to get full custody but I doubt visitation will change.