How can I gain partial custody of my son?

iraq51

From the information you provided in your question I assume (yeah, yeah...I know about assuming!) that you and the mother of your son never married...that's OK. However, that fact will limit your ability to gain partial custody of your son....fair or not; it will. On your side you did sign the birth certificate which your attorney should be able to leverage as a demonstration that you not only acknowledge that he is your son at his birth but that you accepted (and still do) responsibility and willingness to keep him in your life and to provide both financial and emotional support for him. And if no one has told you...signing his birth certificate is not just the only legal claim to your son...it is the primary, most significant and legally in important in a court of law....PERIOD!

My only concern and question is why have you been restricted to just supervised visitations with your son? You and your attorney must review every fact, each statement and aspect of the court's determination as to why you are limited to supervised visitation. Why...so that your attorney can present an argument why these restricted visitations should be should be eliminated or, as a first step toward partial custody changed to unsupervised visitations.

OK...the following are my suggestions for your consideration regarding obtaining partial custody (and eliminating the BS supervised visitations with your son)...and note; I am not and attorney and my legal education is limited to financial and contract law.

Regarding custody....
1. Develop a plan and then present to to the court that demonstrates you have a stable lifestyle.
Including good financial status (you have a job, limited debts, assisting with with the mortgage and
not just "living of her" and if true...that you are a member of & regularly attend church or temple.

2. Provide notarized statements from your priest or rabbi, employer, friends, doctor and any other
respected or "upstanding" members of the community that will attest to your good character and
any community work with which you may be involved.

Regarding child support....
1. Develop and provided support (current after tax monthly income, any personal savings plan
voluntary contributions you make, monthly expenses including the mortgage assistance which
would be considered the same as rent, etc.) of your current financial picture that will show how
much money you can currently for child support.
2. If you can obtain a second job (part time 10-12 hours/week) that will not impact your ability on
the amount of custody (time...number of days) indicate your willingness to do so to the court
as this will (or should) that you will do what ever is necessary to obtain partial custody of your
son....in other words....you love your son and that no sacrifice is too great ot gain so degree of
custody. NOTE - you and your attorney must be prepared to show that your fiancee support this
second job time reduction available to spend with her.

No doubt you and your attorney have discussed my suggestions already...I hope. And again...these are only suggestions on my part....listen and trust those of your attorney.

I am a father with a son (he's 25 tears old now) and his mother & I were divorced when he was 14 and I took full custody...very unusually as you know. Why....in my opinion his mother; who sought the divorce as she was seeing 2 other married guys during our separation, believed that one or birth of these guys would get a divorce and marry her once our divorce was final and that her having custody might cause a problem in this regard. Of course, neither of them left their wife....what a shock! Don't get me wrong, she deeply loves our son but sometimes people's judgments get clouded. Regardless...I wanted custody of our son, told her son and she didn't contest or object...and I had complete....not shared custody. And no, I never stopped our son from going over to her place or spend time together. That would not have been right.

Sorry for the lengthy response but I know from experience (from a couple of divorced fathers I know with situations similar to yours) how emotional & difficult obtaining custody of any type can be.

Good luck to you...

taxicabgirl

Express your wants about custody and visitation to the court at any and every opportunity. If you are no threat to your children's safety and have no incidents that would hurt your requests, the court has to acknowledge your desires and actually find both parent's involvement preferred over just one. The court will not appease a parent who unjustly tries to prevent the other from seeing their child. Father's have rights and there are agencies that will educate, counsel, advise and facilitate a mutually fair arrangement between parties. Try United Way's First Call for Help in finding such agencies and resources.

Myx

You need the best attorney in your area or you are at her mercy.

hollifieldrobert

pay child support and pay it by check or money order directly to her and keep records of when and how much you paid for support

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