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I"m about to go through custody battle...?? Please help!!?
My daughter is 10, she has lived with me her whole life. Her father is semi- present in her life, he see's her whenever he "gets around to it". My daughter and I live with my fiance and we also have a two year old. I decided to file for custody because I was informed that unless I do it legally I do not technically have custody of her. So my court date is coming up in about a month. What can I expect? What will the judge ask me? I am a full-time college student and I do not work, will that hurt me? Her father lives with his fiance and they have a newborn together, but she has three kids that she does not have custody of. ( I don't know why). Should I bring that up in court? I worry about my daughter being around a woman that is not even allowed to be with her own three kids. Any info will be greatly appreciated.. Thank you
6 Answers
- Anonymous1 decade agoFavorite Answer
"I am a full-time college student and I do not work, will that hurt me?"
NO
"but she has three kids that she does not have custody of. ( I don't know why). Should I bring that up in court? "
NO. but you have every right to ask your child's father, when you do, write down the conversation.
Courts like documents. Document everything. Just get a notepad and write everything down pertaining to your kid and the dad. Even if it's just random notes. "today, it's been 3 months since he's called", for example.
Source(s): just went through a custody battle. - 1 decade ago
Usually the first court date is to prove paternity. They'll ask both of you if he is the father of your daughter. When you say yes..it will start from there. Expect a pretty short day. And you should probably have a lawyer, if the father is going to fight it. You will then, probably, establish some kind of arrangement on visitation. Just because the mother doesn't have custody of her children doesn't mean she's a bad person. I would wait to bring your ex's problems up in court. If your ex is fighting for custody you will probably have a deposition. That's when all the dirty questions are asked.
If you're a full time student, but everything is still being paid for, your daughter taken care of and there's a roof over her head..that shouldn't affect you.
In illinois, the mother has all the rights. Just because the father has signed the birth certificate doesn't mean he has rights.
- breynnmikeLv 51 decade ago
I think that based on the fact that she is 10 years old and has always lived with you that is in your favor. She is also old enough to voice her opinion. I would not want my child around a woman who does not have custody of her own kids either. I believe that she must have done something pretty bad to not have custody. That is something I would look into. I would bring it up in court. I don't really know what to expect since I have never had to go through with this. Good Luck!
- AmberPLv 71 decade ago
You are not going to worry about getting the daughter taken from you...that is for shure. And no, being in college and not working will not hurt you in any way.
Where i live, we don't go in front of a judge we go in front of a mediator. They will ask you how you want to set up visitation and go from there. Do not try to make the father look bad, that will hurt you...but... it is okay to tell the mediator that you would like the father to make a choice to either be in the child's life or not be in the child's life because the constant in and out of her life will end up hurting her in the end...that will not make you look bad.
I would bring up your concern about this other woman being in your child's life, but tell them you do not know why she does not have custody of them (because you don't). Honestly though, it usually doesn't matter because she is not related, and those kids have nothing to do with YOUR case, and he is the father and has the right to see his child....
They will set up visitation times, schedule the holiday visitations and all that other stuff.
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- 1 decade ago
They'll look at what s in the best interest of your daughter. If she has been with you all this time, the judge will take that into consideration. The judge may ask your daughter a few questions about how things "work" around your house. Things like your daughter's responsibilities, school, your relationship with your daughter, how well you two get along. They may want to know how her relationship is with your soon to be husband, and your two year old.
I really wouldn't worry about it. Not unless your ex wants to be an asshole about it.
- Beagles<3Lv 41 decade ago
It couldn't hurt to bring up the point that she doesn't have custody of her three children. Keep in mind that with custody battles, courts are generally biased towards mothers, so there's a better chance of you winning your case.