Re: Seeking Custody of a Four-Year-Old Child I Just Found Out that I Have
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Ohiogal
Psst.. in an initial determination it is strictly a BEST INTEREST case. No change necessary. But I agree with the rest.
However, the fact that dad is a total stranger to the child and lives 3000 miles away are major factors in a best interest decision as well.
Dad will have to visit in the child's community for a while and then will eventually get guideline parenting time if he establishes a bond with the child.
Re: Seeking Custody of a Four-Year-Old Child I Just Found Out that I Have
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llworking
However, the fact that dad is a total stranger to the child and lives 3000 miles away are major factors in a best interest decision as well.
Dad will have to visit in the child's community for a while and then will eventually get guideline parenting time if he establishes a bond with the child.
I agree with that. The only thing I was disputing was a change was needed.
Re: Seeking Custody of a Four-Year-Old Child I Just Found Out that I Have
What, y'all missed this bit?
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If there isn't already a custody order in place, you're still at a disadvantage - you are an absolute stranger to the child and the state will be loathe to remove him/her from his/her mother's physical custody without having a darn good reason for doing so.
The use of "If there isn't ... " should have been something of an indication that it was possible that such a CoC was not required, should it not?
Re: Seeking Custody of a Four-Year-Old Child I Just Found Out that I Have
Hey I agreed with that.I just wanted to point it out hon. LOL.
Re: Seeking Custody of a Four-Year-Old Child I Just Found Out that I Have
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Wkh
I also have reason to believe, after doing some digging, that the mother has a more current domestic violence charge against her. Possibly within the last year. Would this have more weight?
That depends on the details. Were charges actually filed? If so, was there a conviction in the matter? Finally, what exactly is it that she did? This last part is very important because just showing she had a domestic violence conviction is not itself all that helpful because you have to show the court that it shows she is somehow a danger to the child. Having fights with boyfriends may not tell you much about how she treats her kids. She might be a wonderful mother, just a lousy girlfriend.
Re: Seeking Custody of a Four-Year-Old Child I Just Found Out that I Have
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Taxing Matters
That depends on the details. Were charges actually filed? If so, was there a conviction in the matter? Finally, what exactly is it that she did? This last part is very important because just showing she had a domestic violence conviction is not itself all that helpful because you have to show the court that it shows she is somehow a danger to the child. Having fights with boyfriends may not tell you much about how she treats her kids. She might be a wonderful mother, just a lousy girlfriend.
And again, there is still the total stranger and 3000 mile distance. If dad were local and had a strong relationship with the child the DV might not help him, its exponentially worse that he is 3000 miles away and a stranger to the child.
For example, if CPS took the child because of issues in mom's home, dad would have to jump through anywhere from 6-12 months worth of hoops before CPS would even consider placing the child with him (with no guarantee that they ever would).
Dad, seriously, you have to do your best to develop a relationship with the child before you ever consider anything more than visitation.