Domestic Violence and Child Custody?
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Domestic Violence and Child Custody?
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My ex boyfriend is trying to get joint custody but me and our son moved out of state. In our relationship we both were physical with each other but neither one of us would hurt our child. My concern is that in court he will try to pin it all on me. There are NO police reports or any hard core proof that there were physical fight between us. I am just worried my ex boyfriend will try to say that I would hurt my son or I'm worried he will just make up some kind of lie about me so he can win. I just really want to make sure my son is well taken care of and my ex boyfriend was a good dad when he wanted to be. But he has mental issues he takes 2 different medications for his mental issues. The main reason why I left was to get away from our fighting. I don't know what to do if he does make up lies about me. What should I do?
P.S My son is 8 months old and I have a lawyer too.
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pragmatism_rules
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Although another poster has said you deprived your ex of his rights when you moved, that isn't correct. Until paternity is proven, your ex doesn't have any rights, especially since he didn't marry you. If you had been married, the courts could place restrictions on you as to where and how far you could move from the ex...but they won't do that if the man wouldn't marry you.
As for physical fights and lies, the other party has to prove his allegations and if he can't, they will be seen for what they are...nothing. It will be a case of "he said, she said". As for his mental illness, mention his medications to the judge as an issue for him receiving supervised visitation. |
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Jack P
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I don't know how it works where you are. Here in Pennsylvania, if there is no underlying custody order already in place, the case has to be handled in the county where the child lives. Regarding the violence issues...if there is no documentation (police reports, etc.), and abuse is alleged, typically Child Services will investigate or the Court will order a psychological evaluation. Hope this helps. |
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ryan c
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no offense but in court they almost never gave the kid to the dad unless there is a lot of proof that the women is being a bad mom and i mean a LOT. |
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Phil
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First of all you had joint custody until you moved out of state and deprived him of his rights. Second, ask you lawyer what to do. If he lies your lawyer should know how to handle it, if they are in fact lies then you tell the truth and the judge figures out who to believe.
If he has mental issues that would endanger your child, then that's relevant.
But if you believe he is a good dad and you are a good mom, then share the custdoy of the children in a fair way so your child isn't punished. |
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