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: Are there any fathers with primary or sole custody?  (Read 1874 times)

sassafras

  • New Arrival
  • *
  • Posts: 1
  • Karma: 0
    • View Profile
Are there any fathers with primary or sole custody?
« on: Sep 30, 2013, 04:31:09 PM »
I've had primary physical custody of my son since 2008(he was 6 months old when the courts decided but I had emergency custody of him from the day EX and I split up but that's a whole other story) EX and I shared Joint Legal custody and she had EOWE visits, 2 weeks during summer or breaks and some rotated holidays. This was the case from November 2008-January 2013. January 2013 my EX was arrested and charged with assaulting her 8 year old son(not mine) and endangering the welfare of a child. Both her 8 year old and her infant daughter(from yet another father) were removed by CPS and placed in Foster Care. CPS contacted me the following day and recommended to me to STOP all visitation to my EX and file in court. I did so the next day. Court agreed with me and suspended all visitations with my EX pending the outcome of her criminal charges and CPS case. She now gets supervised visits 3 hours 1x a week of which she mostly cancels, the most recent was cancellation of 5 week in a row. Fast Forward to now 8 months later. I have temporary sole legal and physical custody, Ex's kids still remain in Foster Care(minus the short 4 week return of her infant before she was then removed again). After the past two court no shows, Judge had changed her previous declaration of waiting for other counties court decision before making a ruling and has set the next court date for an inquest and trial.

Ex does not work
Refuses to pay child support
Is not involved with any aspect of our son's life outside her supervised visits. Has NEVER attended any parent teacher conferences, school party, play, IEP meeting or any extra curricular activities or sports.
Basically she disappears in the time between her visits.

Any other father's with custody?


ocean

  • Private Reserve
  • SuperHero
  • ***
  • Posts: 5002
  • Karma: 172
    • View Profile
Re: Are there any fathers with primary or sole custody?
« Reply #1 on: Sep 30, 2013, 05:07:33 PM »
Sounds very good for you. This way you can get a perm order and not have to keep taking off of work to go to family court. It will also get you a child support account set up (although if she is in jail or not working that may not help you but she will always owe the money to you). Judge can give her jail time if you have a child support order and behind and not paying. Your lawyer should of filed contempt of court for your ex to answer the charges.

What has been the very recent visits for your child? Keep the talk on your child. If she has not shown up in the last x visits, make a nice colorful chart to give to your lawyer to show the courts her missed supervised visits. Maybe cut down the supervised visits so the child is not waiting for mother. Have all the evidence of you being the sole parent. Most times you just carry around all of the paperwork, and most is not ever even brought out.

Inquest is to tell her the trial will go on without her. Ask for specific wording in this order. Anything that is not in the order, you do not have. Is she allowed at school?

Basically you have a great case and this is what is needed for a father to win custody. Courts generally will give mother's chance after chance. So having the child school age and with you is very good. Especially a child that needs an IEP. Her past/present issues seems to be on-going and the courts should give her (in the order) very specific things she needs to do in order to get back reg visitation.

Good luck!

 

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.