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custody battle question ?
please no smart comments. my fiance wants to get sole custody of his 5 year old daughter. The mother is very emotional. She will cuss and holler right in front of her daughter and anyone else who is around at the time. There have been several instances of this, and witnesses. She lives with her mom and works overnight. When the daughter comes over, she is starting to pick up bad habits from her mom's house. things that were never allowed before she is trying to do. We think it would be in the daughters best interest to live with us, as we can give her more time and attention than her mom can, because she seems to be tired all the time. The only thing I think that might stop my fiance from getting sole custody is that he has a misdemeanor four years ago for domestic violence. They were arguing and he picked her up and put her against the wall and held her by her throat. That was the only incident and charge. He has never done anything remotely abusive to me or his daughter. he went willingly to anger management for a year after the incident. They've since ended things and me and him have been together for 2 years. anytime im around her, she makes horrible comments about me, often time in ear shot of her daughter. She keeps trying to get back with him, but he wont have it. She has been threatening to not let him see his daughter anymore, and hes worried that soon a court battle will ensue. What are his chances of getting custody with that charge against him?
5 Answers
- Anonymous1 decade ago
Your fiance would have to hire a good lawyer, prove he is a fit parent, that he can financially support the child and can give her a stable environment to grow up in. Does he pay child support? Was he married to the child's mother? If not, is he named on the birth certificate as the child's father? It takes a lot to prove a mother unfit.
Also, is the grandmother of good character? If she is, that would prove that she is a good influence on the child.
All these questions would come up at a custodial hearing, plus the fact that he was arrested for domestic violence.
Are you sure he is a fit full time parent? If he became violent once, it WILL happen again, unless he has had anger management counseling.
- 1 decade ago
Whatever has happened in the past between your now fiance and his ex-wife should be between him and her. It sounds like you have the best intentions, but I seriously doubt the courts would take the child away from her mom. The case would have to be pretty severe like, drugs, physical abuse, neglect and so on.
I don't think cursing in front of her child will be enough to separate the family.
Do you really want to separate a mother and child??
We all do things that we look back on and regret. Especially when emotions are high and i'm sure it's very hard for the ex-wife to accept that her ex-husband is going to marry again.
I would be careful, I'm in the medical field and deal with this stuff all the time. Sorry, but if he was violent with her the chances of him being aggressive or violent with you are very high. Everyone always says "he would never do that with me". It happens.
Maybe they need some space to work out their issues. Sounds like you should take the high road and give it to them. If he really loves you and wants it to work out between you two, it will happen. Also, maybe you should stay away from her. Sounds logical. I wouldn't want to be around "the other woman" if I was in that situation.
The child will always remember the things you are doing and saying now...that's who I am most concerned about- the child.
- MikeLv 41 decade ago
He will need a good lawyer and have to have a Judge's Advocate assigned to the case to investigate matters dealing with the improper behaviors you claim are attributable to the Mother. It will be a long bitter court case I fear, because the the wheels of justice sometimes grind ever so slow. If the ex is a willful woman this may play to your advantage and hasten the issue, but only if she is a complete fool also. Good Luck
- Anonymous1 decade ago
It could be tough, and he would have to prove her an unfit mother. he should consult an attorney
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