What chance do i have in getting custody

[andy29]

My jurisdiction is: Alabama

I have a 5 year old son with a women I was never married to. She has 2 kids from a pervious marrage. I found out 6 months after he was born that she had given birth to him and she was asking for a DNA test. Which showed I was the father. Soon after he turn 3 he was telling us about his "other Daddy" it turns out that she has another man who is on the birth certificate (which she recently had changed to my name) thinking he was the father. His parents and him together have given her cars, places to live (their rental properties), money, they take not only my son but her other 2 kids on vacation during the summer. As we speak they are in the mountains. She collects child support from the other 2 kids father and myself and the other guy plus works, but yet she never has any of her kids for more than a few hours. Either her mom, the "other grandparents", my parents, or myself keep my son. She has a crimnal record such as posession of weed, theft in the 2nd, she has countless speeding tickets some with my son in the car, she has a soliciting charge but it was nolprocessed but still on her record. She only lets me keep him every other weekend I get him Friday between 4-6pm and he gets picked up Sunday between 10am-6pm never by her always her mom or sister. Court papers say I get him every wed. at 6 till thurs at 6pm. and every other weekend Friday at 6 till Sunday at 6. It also states that i get a copy of all his extra activities but she won't let me have a copy because the other grandparents go to it and she doesn't want them to know about me. She tells my son not to tell the other people about me and not to tell me that he goes over their. When i confront her about it she tells me it is non of my bussiness. Since August of 04 i've been paying child support I went 9 months without paying child support 2 years ago waiting on my new job to take out child support but it took them 9 months to get it straight because she never changed his name up until 3 months ago so he could go to a school and use my current address because i live in the limits and she does not. Do i have a chance in getting full custody? Should I pay back the 9 months of unpaid child support first? I need help!

 

[Gail_in_Georgia]

Nothing you have stated here is really justification for full custody. Having a rich boyfriend who takes your son on vacation is not a reason to request full custocy.

Gail

 

[andy29]

He's not a rich boyfriend it is a guy she has thinking is his father, they are no longer together. They haven't been together in 4 1/2 years. She just makes them believe that he is the father so they will pay for everything.

 

[Kharma]

Do No Recieve This As Legal Advice, Thank You

"She has a crimnal record such as posession of weed, theft in the 2nd, she has countless speeding tickets some with my son in the car, she has a soliciting charge but it was nolprocessed but still on her record."

If the criminal record is substantial enough and fresh enough it can help you get custody. Sounds to me as though she might be a bit of a patholigical liar, if she is when put under legal presure everything will start slipping up helping you even more. Run a background check on her and print out those records to take to an attorney, ask if you have grounds to set an emergency hearing.

"she has countless speeding tickets some with my son in the car"

Get the police records of the speeding tickets and statements from the police showing your son was in the car, this could also help your case under the rules of child endagerment and neglect.

"Should I pay back the 9 months of unpaid child support first?"
Any judge will frown upon unpaid support, no excuse is a good one, start to add an extra 100 into your monthly payments untill the unpaid is paid.

"What chance do i have in getting custody?"

From what you say it seems to me you have a chance, but you need to do your homework on the Alabama custody laws and make yourself fully prepaired.

The more {amo} you have the better your chances. Start to keep a journal and log everything that she does that has anything to do with your son and what you do. Also find out if it is legal to record conversations withought the other party {your sons mother} knowing or permiting the recording, you can get this info on the web, it is a great tool and you can pick up a digital recorder at radioshack for $50+, make sure to say the date and time after each recording. Also hire the best family lawyer in town, this way the judge knows you mean buisness, it most likely will require a retainer of 15 to 20k but if you think your son is worth it then go for it.

Below is a start for you:

Alabama Child Custody Laws:

It is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage.

Joint custody does not necessarily mean equal physical custody. The court shall in every case consider joint custody but may award any form of custody which is determined to be in the best interest of the child. In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors:

•The agreement or lack of agreement of the parents on joint custody.


•The past and present ability of the parents to cooperate with each other and make decisions jointly.


•The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.


•Any history of or potential for child abuse, spouse abuse, or kidnapping.


•The geographic proximity of the parents to each other as this relates to the practical considerations of joint physical custody. [Based on Alabama State Divorce Code - Chapter 3, Section 30-3-150, 30-3-152]

 

[andy29]

Thank you so much, I just need to know I have some what of a chance to get him out of her envornment. Her oldest son is 12 and he told her the other day she is crazy and he wants to go live with his father. I just hate he is stuck in an unhappy home, were he could be in a loving envornment.