S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Urgent - Is it possible for a dad to get full custody if he has lost his job?  (Read 2902 times)

Heston

  • Jr. Member
  • **
  • Posts: 90
  • Karma: 0
    • View Profile
I have posted before on the same case.  But I have just found out my child's step father has broken her finger and threatened her if she doesn't lie about this and other things to help the BM win at the hearing, he will break more of her fingers.  She is too frightened to tell anyone but me so I am not sure if she would tell a doctor.  If she would, I would automatically get temporary custody.  My dilemna is, if that were to happen, is it likely a court would award full custody if I applied, when I have recently lost my job?  It means my income is drastically reduced but it also means I would be home to care for her full time for the moment.  It would also mean more of my income would be available for her upkeep as I would not then have to pay the BM child support, which I am currently doing.

The BM is doing all in her power to restrict my parental time and will then be trying to get full custody.  The hearing is in a month or so.  There are no grounds, it is all based on lies and they are coercing my child to tell lies to the appropriate people to get the results they want.

Going this route of temporary custody is high risk in case permanent custody is refused and my daughter would be returned to the BM and abusive step father.  The BM is lying about the injury to protect the step father.  I have my daughter this weekend and must decide as soon as possible.

Any feedback would be much appreciated.


Apple

  • Jr. Member
  • **
  • Posts: 56
  • Karma: 6
    • View Profile
I don't think the courts would not award custoday because you're unemployed.  You would have to mainatin a place to live though.  I don't think having more of your income available would be a consideration to the court since it's assumed the child support is spent for the child anyway. 
 
Has your daughter been to the doctor regarding her finger?  Could a doctor determine by the injury how it was inflicted? 

Heston

  • Jr. Member
  • **
  • Posts: 90
  • Karma: 0
    • View Profile
The BM took her to an emergency room doctor 5-6 days after the injury occurred.  I only found out about all this yesterday evening.  Her finger is currently in a cast.  I am considering taking her to a doctor today.  I feel I have to tell a doctor what happened although I am not sure if my daughter will be too scared to tell the truth.  But I know once a medical doctor is informed about child abuse they are legally bound to involve social services.  Something similar happened to someone I know and they got temporary custody automatically from the social worker giving them a form to sign.  I would go to the court Monday to apply for full custody.  My fear is, what if I don't get it.  What danger does that place my child in then.  I have a nice home in a nice area.  It's just that having been constantly employed for many years, I am currently unemployed.  And I wondered if that would prevent me getting full custody in the current circumtances of the danger my child is in.
 

nila fordyce

  • New Arrival
  • *
  • Posts: 11
  • Karma: -46
    • View Profile
Unfortunately, in this country are Family Legal system is broken and is is in need of an overhaul. It is greedy,very biased and incompetent. And I am a woman and I can honestly say, it is the poor innocent fathers that still get hammered in the Family Legal System. It does not matter if your the best father in the world it is a losing proposition. And this is tragically wrong,wrong and wrong. Are legal system is very unfair and there certainly is no justice for all. Now, if you can prove that you're wife is a true abuser of somekind or totally incompetent, this is a different story--you would probably have a chance. Children need both good and fit parents in their lives to thrive no matter what the marital status is--unless there is some form of real abuse proven. The laws say this,but they don't follow it...They still lean toward the mother and in the long run they are destroying the futures of our children by giving sole access to a mother. Especially, a very selfish one and there are alot out there. Again, children need their good fathers--and just because a mother is a mother does not mean she is the better parent. There are very selfish mothers as well as bad mothers,i.e. abusers, drug addicts and etc...
 
But, I wish you luck if you're a good father.
I like to complain.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.