How will custody change if I drop an order of protection?

[asd18]

I currently have an order of protection against the father of my son. We are also involved in a custody dispute at this time. I have been speaking to my ex-mother-in-law and been discussing dropping the order of protection in order to build a relationship to be better parents for our 2-year old son. The order of protection has currently been in place ten months and his father has supervised visits at the moment. I am concerned that if i drop the order of protection that it will change and possibly give my son's father custody of him. What will happen in the custody dispute if i do drop the order of protection.

 

[jharris352]

Why would you think the Father would get custody? The father obviously has violent tendencies and that never goes well in court. The Mother is favored in the law for custody of young children. Dropping the PO will do nothing to your custody fight.

 

[BayState]

Why would you think the Father would get custody? The father obviously has violent tendencies and that never goes well in court. The Mother is favored in the law for custody of young children. Dropping the PO will do nothing to your custody fight.

I'm sorry J but the mother is not necessarily the "favored" parent in a custody case. The PRIMARY CARE GIVER is favored due to status quo.

 

[asd18]

I am also the primary caregiver and have been since birth. I am worried that if and when we do go to court for custody that if the judge sees that I dropped the OP that he will believe there is no threat for my son hence custody will change.

 

[jharris352]

Bay, I understand your point. However, in many states it is actually written into the law that the Mother is favored in Custody cases of younger children.

 

[BayState]

Bay, I understand your point. However, in many states it is actually written into the law that the Mother is favored in Custody cases of younger children.

No. You are misunderstanding the law. In a unmarried situation the mother is the ONLY parent. Therefor she is, by law, the primary care giver. GENERALLY. Read the case law for your state and you will see what I mean.

 

[jharris352]

I get what you are saying. I am thinking about divorces not unmarried parents.