need help with custoday please

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oohjo56

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Need your opinions... On a custoday battle, do you think a child should go to school where the mother lives and is home all the time, or go to school where his father lives that has to go to a babysitter everyday while he's working?

What are my chances of getting custody of my son? (I'm the mom)
 
This is very hard to answer.

In fact, there is no canned answer.

The determination will ultimately be based on many familial variables.

The father's reasons for working are admirable. In fact, his sacrifice could help you stay at home, unless you're a millionairess.

Who is the custodial parent?
 
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i haven't moved out yet until i get my social security settlement in september, but then i'm out of there. i dont get to stay home because he works, i do because im disabled
 
The child generally goes to school in the custodial parent's district. If there is no designated primary parent, and the parents cannot decide the matter must go before the court.
 
oohjo56 said:
i haven't moved out yet until i get my social security settlement in september, but then i'm out of there. i dont get to stay home because he works, i do because im disabled
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Good luck trying to live on that.
 
We still live in the same house until I get my social security disability. I am going to go for primary custody and he's goinng to fight that. i just think its better to be with the parent that is home to take care of him all day, rather than a babysitter from 7am to 6pm or sometimes later. It doesn't make sense to me if he would get primary custoday. He would get the child on weekends if I get my way
 
Usually visitation would be every other weekend, and one night per week (with alternating holidays and longer periods in the summer).

Since you're home all day and look after the child on a day-to-day basis, the court would usually rule that you would remain the primary caregiver and Dad would get visitation.

Your being disabled shouldn't be an issue...however, have you actually been approved and are now just waiting?
 
My disability is for bipolar and depression. It was denied like they always do the first time, so I got an attorney and should have my hearing in September.

We will be living an hour a part, so nightly visitation during school would not work.
 
..what are you doing to do, OP, if you're denied again? (And even at the ALJ level)?

How are you going to support yourself?
 
oohjo56 said:
I will then be stuck here in my miserable life... :(
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That is what I was alluding to, OP.

Getting disability isn't guaranteed.

The custody issue becomes moot, if you're denied.

The issue of school won't matter.

That is why it is admirable that someone is working.

Never denigrate a person who maintains gainful employment.
 
My sister had signed guardian ship over to a family memeber and just received a notice stating the guardian is no longer capable physically to care for her son. The state is michigan and the situation was this cps was involved due to the fathers alcohol,drug and aggressive behaviors. Rather than lose her son she agreed to sign rights over. Since then she has left him and has a stable environment for her son with this hearing she has 2 days to appear (she now lives in north dakota) is there a way to get a continuance? Any advice on how to seek custody would be greatly appreciated
 
kathy29 said:
My sister had signed guardian ship over to a family memeber and just received a notice stating the guardian is no longer capable physically to care for her son. The state is michigan and the situation was this cps was involved due to the fathers alcohol,drug and aggressive behaviors. Rather than lose her son she agreed to sign rights over. Since then she has left him and has a stable environment for her son with this hearing she has 2 days to appear (she now lives in north dakota) is there a way to get a continuance? Any advice on how to seek custody would be greatly appreciated
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She really needs an attorney.

CPS are involved - they may be extremely reluctant to let the child go out of their jurisdiction, for one thing. Secondly, they will need to assess her fitness.

There is a chance that her son will remain in "the system", as it were and be placed with a foster family (in fact there's a better-than-good chance of that happening).

When was the last time she saw her son?

Was there a reunification plan in place?

When did all of this happen?
 
She hasn't seen him in 3 yrs not due to lack of tryn but due to cps. They were giving her visitations and even weekend sleep overs then the father started coming around the guardians home and that all stopped for his safety. They don't believe my sister to be a bad parent she just couldn't keep the father away he was arrested several times for physically abusing her he also violated several ppo's. He is no where to be found now and doesn't know where she lives. If she can't obtain custody could another family member? Since he is already in the care of family?? I just don't want to see him bounced around. At the time I would've taken him but wasn't financially capable which has changed dramatically. I also told her to call an attorney, but doesn't she have any rights? She only signed over guardian ship
 
It was a long drawn out process cps was involved since 2002 when her 2nd child was born pre mature and the father got physical and verbal (because of being intoxicated) at the hospitol. His family called cps several times about his behavior and in the end they had 3 children. The youngest 2 were legally adopted and not protested due to the circumstances. She wasn't able to provide proper care, because of the prematuraty of the 2nd she had severe health problems cps ruled she wasn't financially equipt to take care of her. So in short her 2 youngest were willingly adopted with no fight her son on the other hand it was a very long drawn out process where they allowed her to have him then placed him with a family member allowed visits stopped visits because of his behavior (he would get physical with workers when it was time to return to the guardian) her son is now 9 and still wants to be with his mom which I knw isn't the proper age. In short signing rights over I think screwed her on having him. Is there a way for her to prove she can take care of him? And why would they send her papers to appear unless there was some hope?
 
It just breaks my heart to see someone I love go through something like this. She is a good loving mom whom was being abused and was afraid like most abused women. In the end she is the one who lost in all directions, the system failed her they couldn't keep her safe and keep the dad away. Its awful that a loving parent should have to be put in a situation like that to choose to willingly give their children to strangers for her and the childrens safety. I don't know why the law doesn't protect her because of circumstances??? She doesn't deny the environment wasn't safe but she moved, got protective orders and he would break in track her dwn and the law did nothing.
 
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