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  1. #1
    Join Date
    Jan 2011
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    Default Custody Likelihood

    My question involves a child custody case from the State of: Tennessee/Minnesota

    This is long please forgive me.

    I am a 26 year old female and have a 2 year old daughter. My ex-boyfriend(32),we were never married,was granted temporary custody a few weeks after her birth. The reason for this is because I suffered from postpartum psychosis and was hospitalized.I never went to a court date nor do I remember signing any papers.I may have but in my mental state who knows.I was granted surpervised visitation at his discretion.

    About a month after we started living with each other again and I became the soul supporter of the child.He has a very poor work history,a long history of drug and alochol use,and a felony criminal history that he just recently in the past month had expunged.
    Over the next year he worked mybe 6 months and the rest of the time It was all on me. The appt and everything were in my name and the child was listed on the lease but he was not.
    We broke up for good last April.We were living in Fargo,ND at the time. He removed the child from the home to Anoka,MN.He has since refused to let me see her.I moved back to Knoxville,TN where I was from and the child was born.He rarely allows me to talk to her on the phone but he regularly sends me pics of her.I'm allowed to send her gifts.

    The reason he gives for not letting me see her is my mental health history.I have been diagnosed with axitety disorder and have no need for meds at this time.The postpartum psychosis is a tempoary condition and has gone away. I have no criminal history nor any history of drug use.
    We had a very rocky relationship. He was very abusive toward me and there are lots of police reports of it.Plus there are numorius wittnesses but they are very divided either souly on his side or mine.

    What would be my likelihood of getting Joint custody or full custody?What rights do I have?

    Thank you in advance!

  2. #2

    Default Re: Custody Likelihood

    [
    I never went to a court date nor do I remember signing any papers. I may have but in my mental state who knows.
    You NEED to know, it's important to find out. Until you know your exact legal standing regarding the child, you can't possibly know where to go or what to do next.

    He has a very poor work history,a long history of drug and alochol use,and a felony criminal history that he just recently in the past month had expunged.
    None of which stopped you from having a child with him, so as far as the court is concerned, you've already given him your stamp of approval as far as being parent material. And, a court at one point already determined, even if for temporary reasons, that he was fit parenting material, otherwise the child would have gone into foster care when removed from you.

    What would be my likelihood of getting Joint custody or full custody?
    Joint custody, pretty good. Courts WANT children to have meaningful contact and healthy relationships with BOTH parents. Full custody, if the court gave him temp custody, and he's been her primary care giver for a good part of two years, not so good.

    What rights do I have?
    You have the right to petition the court for custody and visitation (which you'll need to do in MN, if that's where the child has been living for the last 6 months). You can also expect there to be an order for child support initiated. If he is the one who chose to move away, it's reasonable for you to ask that he bear the majority of travel costs for your visitation time with the child, and given the distance, to ask for extended periods of visitation (larger chunks) at least until the child is in school (at which point you request large chunks of the summer, holidays, etc.).

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