Custody Problems

[Mosey239]

I have been divorced for a year and have joint custody. My ex has always refused to take his scheduled visitations per our papers. He has done one full weekend since our divorce. On his second weekend, he accidentally shot himself in the chest while playing with a gun. The children were in his care at this time. He has had a past with prescription drug addiction and does not have a pemanent residence( lives with mother). He has also been unemployed for almost 3 years. I recently filed for full custody, doing this myself without an attorney. The ex now tells me he has an attorney that is going to "tear me to shreds". Im not sure what he is capable of making someone believe, so I am a bit concerned. Any advice is much appreciated.

 

[Duranie]

Nobody can predict what a court is going to do but if he does not use his visitation, not sure what filing for full custody is going to do. You have to prove it is in the best interest of the kids for any change. Also who knows if he has an attorney he could just be bluffing. His mothers residence is considered sufficient. You really need to consult counsel. If he has an attorney and you do not that could be trouble. When he shot himself was he charged with anything? It is doubtful he was playing with the gun, was he perhaps cleaning it? Did he fully recover? Even with full custody Dad is still probably going to have some visitation.

 

[jharris352]

Wow, Just ...... Wow

I find myself amazed at these stories. I'm sorry to hear that you have to deal with this man in your life.

Again I agree with Duraine to a great extent. No one can predict what will happen and you NEED an attorney especially if he has an attorney. My guess is that he has not been paying child support either. Make a deal with him and his "attorney" if he has one. If he gives you full custody, with supervised visitation, you won't file for contempt charges for failure to pay child support and put him in jail.

He SHOT himself in the chest while keeping the children? I really have to go sit down and ponder that one.

You are fine, don't worry, but if he has a lawyer (I doubt it) you need one too.