Custody chances?

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130munch

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I'm seeking advice for my 25 yr od son, who asked me to help. So, if you want to help thanks - but if your take is going to be some snide "stay out of it - it's not your business" comment, do me a favor & stay out of this post. It is my business - this is my granddaughter, I've been asked to help & our concern is legitimate.

That said: He loves his 2 mo old baby, but GF's issues make it unbearable for him to live with her. She's bipolar & a mean, spiteful drunk. She's been arrested or wound up in the hospital many times while drunk; tried to kill herself 3 years ago; did cocaine at a party & wound up in the hospital 2 summers ago (he was in Iraq at the time); overdosed on bipolar meds several times; she gets mad at my son for going to work; when angry she threatens to call his work & try to get him fired. When he says he can't take it anymore she threatens to kill herself. Her own mother has called the police on her many times.

Her 7 yr old son from prior relationship throws uncontrollable fits - hits/kicks others while screaming he hates himself & wants to kill himself. He was evaluated at psyc ward last yr during a fit. GF thinks it's normal & does not seek help - my son worries about baby being exposed to this behavior.

My son is not a drinker - & no I'm not trying to make him sound perfect. It's true - he's a 1 or 2 beers during a game on the weekend type of drinker. GF is eager to hit bar scene every weekend now that baby is here. He let her go past 2 weekends so she could get a break (he stayed home with kids) both times she came home around 3am & started fights w/him & others - neighbors, her parents, her friends... Neighbors called cops 2 weeks ago, but no arrests were made. One night her loud voice woke her son up and she told him she was leaving and never coming back.

Last night she did it again - came home smashed & ready to argue @ 3am when my son had to work at 7am. He was feeding baby & worried about leaving for work - he tried to call to see if I'd watch baby - GF rips phone out of his hand & throws it across the room. Once again this is her baby & he's not taking her anywhere - just a few minutes prior she told him she's leaving him & the kids because she can't take it anymore. This is typical - it's the same scene that keeps repeating.

So, now that you have the picture, what can he do to prepare for a custody battle? He is very concerned and would like to have sole custody.

Should he try to tape her with his phone when she is throwing one of her drunken fits for evidence? Will her history increase his odd of custody - her prior arrests, bipolar, uncontrollable anger, the troubled son she seeks no help for, her suicide threats - it's all documented by police & hospitals. If he calls police so he can leave with baby when she's drunk will that increase his odds? Any advise for him is greatly appreciated.
 
One more thing - if he were to call the cops during her next middle of the night drinking/fighting binge so he could leave with the baby, which I'm assuming the cops would agree is the best thing - what would his odd be of getting an emergency order for temporary custody granted under the circumstances.

I'm thinking if could get temp custody then, he'd have the upper hand at getting sole custody.
 
(polite hint: copping an attitude before anyone has had the chance to respond is not going to encourage people to want to help you. Jes' sayin'.)

Now.

Has he even been legally established as Dad yet?
 
Good question - He's 95% certain he is, but there is a slight chance he's not.

I know the first step in custody would be to establish parentage.
 
130 I must admit you bring up some "red flags" with me. You have 13 threads you started in regards to legal issues your dealing with or a supposed friend. Where I understand caca happens to people, I dont see it happening this often
 
Jacksgal - don't know what to tell you. I've posted here several times because my son keeps telling me he doesn't know what to do. I've urged him to come on this site & post his own questions, but he hasn't. I'm frustrated with his situation too because he keeps coming to me very upset and I want him to start doing whatever is best where this baby is concerned - so I try to get some insight for him here.

Luckily I don't have any legal issues at the moment, but if a friend or my kid has one that is upsetting their life I really don't see what is so wrong by coming here & trying to help by getting some advice for them. Last winter a co-worker had a problem, but no computer at home, so I tried to see what I could find out for her. Most of my others posts had to do with my son when his girlfriend became pregnant. If there were others on other topics I don't recall what they were.

I thought this forum was to get legal insite and advice - that's what I'm doing, so I'm not sure why you have a problem with my posts.
 
He siged birth certificate too

In Illinois, a Voluntary Acknowledgment of Paternity must be completed before the father's name is added to the birth certificate. If his name is on the BC, then he has legally acknowledged paternity.
 
Propserpina: "(polite hint: copping an attitude before anyone has had the chance to respond is not going to encourage people to want to help you. Jes' sayin'.)"

I hear what you are saying and I'm sorry if I came across like that. I do appreciate the polite hint and the way you delivered it! It's just that I've posted on behalf of my son and a co-worker before because they came to me for help. Some responders offered no advice at all and instead seized the opportunity to rip me a new one for asking a question on behalf of someone else - telling me to butt out because it's not my problem.
 
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Then your son does not have the right to leave with the child; he NEEDS to get down to court immediately and file for at the very least, joint custody and visitation.

Sole custody is rare these days. The norm is joint legal custody with the NCP receiving visitation.

But as they're unmarried, Mom is currently the only legal custodian.
 
I will urge him to seek joint custody, but do you have any suggestions of what he should do when she is in a drunken rage in the middle of the night? If he leaves alone the baby is in danger. If he stays, quite frankly, they are both in danger.
 
Before your son does anything else he should move out of that house of horrors, ASAP!!!

No matter what else happens, do not move back in with her.



If this is as bad as you paint it, it could turn violent or deadly at any time!!!

Then he should file a paternity action to see if he is the father.

He should have done that BEFORE he signed the birth certificate.

I don't understand with DNA technology available, why any man in today's world would voluntarily admit to paternity without a DNA test???

Once the the test result is known, I'd seek legal orders regarding custody and support, IF I WERE THE FATHER!!!

If not, I'd thank God and acknowledge a lesson about engaging in unprotected, promiscuous sex!!!!
 
I will urge him to seek joint custody, but do you have any suggestions of what he should do when she is in a drunken rage in the middle of the night? If he leaves alone the baby is in danger. If he stays, quite frankly, they are both in danger.



He calls 911 AND CPS immediately.

That's the sensible thing to do.
 
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