Trying to get custody of Fiance's son

[raelynn1220]

My fiance and I live in North Carolina his son resides with his mother in Florida, she was granted custody and he only gets visitation. When he asked his attorney about getting custody, his attorney advised that we not even try to get custody in the state of Florida, because the father will almost always lose. In our opinion, she is an unfit mother who is only in it for a child support payment. but we can't prove it, she is really sneaky. It is and always has been the best intrest of the child to live with us, but the last judge that we saw didn't really seem to take that into consideration, the judge acted like it was a chore for him to be there and ruled on our case in about 5 minutes flat. Our attorney was useless. We absolutely hate the fact that his son is in the environment that he is in. We can't afford to inccur any more legal fees though. Where do we go from here?

 

[Duranie]

The problem here is that you live so far away. It is going to be very hard for Dad to get custody in a different state. You have to prove that the child is better off with you. The child support payments have nothing to do with it, one could easily say Dad wants custody just to avoid paying child support. Unless you can PROVE that mom is abusive, neglectiful, or unstable without a doubt, Dad probably has no chance of custody. Him living in a different state is the biggest factor here.

Does Dad get, and use his visitation? For now, unless you can prove without a doubt the child is better off with him, which he probably can't, he can still co-parent and be an active Dad. Hopefully he uses all his visits. If mom doe snot follow any court ordered visitation schedule, Dad can file contempt.

 

[jimmysgirl]

My fiance and I live in North Carolina his son resides with his mother in Florida, she was granted custody and he only gets visitation. When he asked his attorney about getting custody, his attorney advised that we not even try to get custody in the state of Florida, because the father will almost always lose. In our opinion, she is an unfit mother who is only in it for a child support payment. but we can't prove it, she is really sneaky. It is and always has been the best intrest of the child to live with us, but the last judge that we saw didn't really seem to take that into consideration, the judge acted like it was a chore for him to be there and ruled on our case in about 5 minutes flat. Our attorney was useless. We absolutely hate the fact that his son is in the environment that he is in. We can't afford to inccur any more legal fees though. Where do we go from here?

sorry, but there is no WE or OUR in this situation, there is only dad. YOU have no legal rights, standing or say at all where this child is concerned, you are only the fiancee of the child's father, not his mother. my advice is to step out of the picture, because legally, this is none of your business