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My ex-girlfriend and I had a child together. She left the child with me but will not sign over custody. What are my chances of getting custody of our child?
Because of your unmarried status, you will almost certainly need to establish paternity first if you haven't already done so. Once paternity has been established, you would then file to obtain temporary custody as a first step.
The longer the child has been in your care, the better the chances that you would be awarded temporary custody. This is an important first step, because temporary custody usually turns into permanent custody, and the most reliable indicator of whether or not temporary custody becomes permanent is how long the child has been under the temporary custody order. Again, the longer the child is in your care, the better.
If you intend to file for custody, you should Hiring An Effective Attorney as soon as possible and discuss this matter with him/her.
Because delay works in your favor, your attorney may want move more slowly and wait to file the motions until sufficient time has elapsed. Once the case is underway, your attorney may further elongate the case by extending the court date.
This way the child will be with you in an 'established custodial environment' for as long as possible before the judge has to make any decision. After a certain amount of time (6 months to a year) it almost won't matter, the judge won't want to change the status quo no matter what.
My ex, who has custody, is terminally ill and is unable to care for our child. Can I petition for a change in custody based on this?
You can, although your chances of success are mixed.
In addition to showing that a 'change in circumstances' has occurred, you'll also need to show that your ex is truly unable to care for the child, and would not be able to respond appropriately in case of an emergency.
You would have a better chance of this if your ex requires a full-time assistant to cope with daily living tasks (cleaning, cooking, taking care of personal hygiene, etc) or is in the hospital and not expected to return.
If other people (neighbors, daycare, family members) are called upon to help care for the child, this is also evidence that your ex cannot parent the child effectively on their own.
Be aware that even if your ex dies, this does not guarantee that you will automatically get custody. For more information on this, read If A Custodial Or Non-Custodial Parent Dies.
I've been incarcerated before. Will this make it harder for me to get full custody of my child?
In a word, 'yes'. Previous incarceration can be a serious obstacle to custody, as most judges don't look favorably on a prior history that includes jail or prison time.
Your best bet may be to retain an attorney and seek some form of joint custody, establish a pattern of responsibly exercising your parenting time, and then consult with an attorney again to find out if seeking full custody is a realistic option.
My ex lost custody of our kids 9 months ago due to a domestic violence incident in her home. What are the chances of her getting custody back?
The longer you have the child in your custody, the worse the other parent's chances are. Because delay works in your favor, your attorney may want move as slowly as possible so the child will be with you in an 'established custodial environment' for as long as possible before the judge has to make any decision.
After a certain amount of time (6 months to a year) it almost won't matter, the judge will be reluctant to change the status quo without a very good reason.
You will want to be able to show that the child is doing well in your care, by documenting the child's progress, grades, health, etc.
You may also want to verify that there have been no further incidents of domestic violence in her home, which would certainly count against her re-obtaining custody.
My ex and I share joint legal custody. Does she have the right to dictate where and who the child is with during my parenting time?
No, she doesn't. She cannot control, regulate, or restrict who you see or what you do during your parenting time.
Generally, the only exception to this would be if there are provisions in your Parenting Plan or divorce decree that specify some sort of limitation(s) or condition(s). If there are none, then she has no authority to manage or direct what you do or who you see during your parenting time.