Why do I have to fight for custody when I have it already?

[cnicole00]

I have custody due to the father signing an affidavit of parentage because we were never married. I also have an established custodial enivonment for my daughter. The father is claiming that he has this and I am now in court because I have to prove to the judge why I want custody. I do not what it changed. I am wondering why I have to fight him for custody when I already have it? Why doesn't he have to prove why I should have custody taking from me? I am so confused. Also Is there a conflict of interest if the Judge and my ex who is a police officer, know each other outside this case? The Judge lives in the small city where my ex is a cop. The Judge is new but before he was Judge, he was an attorney in that city and has lived in that city for years. The Judge is always siding with my ex no matter what evidence I throw his way. Is it possible to get another Judge? The case was orginally assigned to another Judge but then reassigned to the current one

 

[Proserpina]

Ah - I'm going to completely edit my post based on your other posts.


Dad currently has physical custody, correct? And you see your daughter on the weekends?

 

[cnicole00]

His attorney put in a motion for dismissal because of case vodvarka vs grasmeyer. They are stating that I have not given any evidence for a trial. The Judge says he is not going to give me a trial. I do not understand why I need a trial? The father is motioning for custody. I already have it

 

[Proserpina]

That's not what I asked


Your earlier posts indicate that Dad actually has your daughter during the week, and you see her at the weekends. Is that correct?

 

[cnicole00]

I have custody. The court is saying the Dad has an established custodial environment, which I have also. There has been no court document stating the dad has custody. There is a temporary order for parenting time which is his house during the week due to her finishing the school year and my house every weekend.

 

[Proserpina]

I'm sorry, I'll try and explain a little more clearly

There are two types of custody, really - legal, and physical. You currently have legal custody but as your daughter resides with Dad during the week, he does have de facto physical custody, even without a court order.

This is why he has a good chance of keeping physical custody - because he already has her most of the time.

 

[cnicole00]

Does that mean that during the summer when I had her 90% of the time I had de facto physical custody? Also what determines most of the time when she is at school most of the day and her step mother cares for her because her father works all the time? Will the courts not look at that? He has her more days but spends less actual hours with her. A few days out of the school week she goes home and spends the night with friends because of their work schedule. I have her during the weekend and am with her most of that time and there's no work or school taking time away. Thanks for your insight!

 

[Proserpina]

Does that mean that during the summer when I had her 90% of the time I had de facto physical custody?

Yep Quick question though just to make sure I'm understanding the situation. For how long has this current arrangement been in place?

Also what determines most of the time when she is at school most of the day and her step mother cares for her because her father works all the time? Will the courts not look at that? He has her more days but spends less actual hours with her. A few days out of the school week she goes home and spends the night with friends because of their work schedule.

How many nights does she stay at Dad's? Is she spending several nights EVERY WEEK away from both of you? (this might be important).

I have her during the weekend and am with her most of that time and there's no work or school taking time away. Thanks for your insight!

The courts don't compare actual time spent with the child in the way that you asked...they look at the overall picture.