son’s father has 2 dui’s/3 hit run lives in one bd apt with 2 other adults and doesn’t work can he get custody?
Posted by adminJul 27
Just wondering what they look for when determing custody issues. He hasn’t work in 2 1/2 years. He has 2 dui’s, 3 hit & runs. He is a alcoholic. He also lives with his mom and sister in a one bedroom apt. His twin bed is in the kitchen/eating area of the apt. There is no bed for my son to sleep in. I have provided for me and my son since he was born. He barely visits with his dad. I want him to have a relationship, but I don’t ever feel safe leaving him with his dad alone. Most of my sons visits with his dad were including either his grandma and/or aunty. He has filed for joint legal & joint physical of my son. He can’t care himself, let alone a 19 month old child.
I opened a child support case and a week before we had to go to court he filed for joint custody.
He does not have a drivers license, we have established paternity. What if I can’t afford a lawyer?? I know he is representing himself.
We were never married.
I live on my own with our son. He has always lived with.
4 comments
Comment by ABlessedNewLife on 07/27/2010 at 9:26 pm
I am not a lawyer, but I would think no one in their right mind would give him custody. First, you would have to be in a far worse situation then he is for them to take him away from you and second, with his back ground and living conditions, they would probably put him in the social services system before they gave him custody. They might even consider a relative to care for your son before the father.
Comment by *kit on 07/27/2010 at 10:24 pm
they will look at His record..they will look at if he can provide a home..and stable living conditions…they will look at His mental abilities…they wont just hand him over without an investigation…and if he has visitations…make sure your lawyer knows everything…but..don’t be catty about it….be calm..and concerned…
if his aunt or mom were involved..then at least he is supervised with them….you can have visitations supervised till he can provide a stable place for them…
Comment by boogie on 07/27/2010 at 11:02 pm
What’s going on with U that he filed for physical custody? DSS will look at you and at his living conditions.
Comment by pragmatism_rules on 07/27/2010 at 11:39 pm
He can file for whatever he wants but he isn’t necessarily going to get it….and in this case, unless he knows the judge AND the judge doesn’t like you, he has no chance of gaining physical custody.
This is what you do. You go get a good lawyer and you file for sole legal and residential custody. Ask for a dna paternity test to be done on the alleged father and for supervised visitation and child support. Get as much child support as you can and see if you can get it so the father has to provide medical insurance too!
You tell them that because of his DUI’s, you believe that he has a drinking problem so you want visitation to be supervised by someone who is not in his family. You also want it so he can’t take your child in a car that he is driving because of his history of DUIs and hit & runs (does he even have a licence left?).
And you want random drug & alcohol tests to be done on him so you can make sure that the child is safe in his presence. (Your ex is not going to like that.) Oh, and you want him to take parenting classes. I think you will find that if your ex has to take random drug and alcohol tests as part of his visitation, that he skips it.
Now as for him not working….the courts won’t like that. He was able to get you pregnant so he should be able to get a job. If he doesn’t, they will take his driver’s licence away (should have been done by now) and even put him in jail!
Good luck!