Do I have the chance to get custody of my son if the mother is letting a convicted felon take care of him? 1 Answers as of July 30, 2013

My ex is not letting me see my son now. We recently split up nearly two months ago over various issues. She had been cheating on me constantly and I had said some nasty things to her about what happened. In fact, she had ended up leaving me for this man. He had only been out of prison for 4 months now and has broken probation 4 times in the past. I brought this up to her and she did nothing about it. To make matters worse her roommate informed me that she had not been taking care of our child at all but rather she had while the mother had gone out drinking and partying or spending time with her new boyfriend. He’s currently in an intensive drug and alcohol therapy. And if he is caught doing any of this stuff again he can go back to prison. It’s not that I don’t think people are capable of change but I just don’t trust my son about it. I’m trying to talk to a lawyer now but she has no job or car or anything and I’m taking care of my son financially. She had this man watch my son while she went out drinking one night. To make matters worse is that she’s been dating him a month and telling him that he’s a better father than me and lying about things I’ve never done in our past relationship. Either way right now she is actively trying to keep me away from my son and has been doing all this stuff. She has thrown parties while he was asleep upset and just generally being pretty hateful to me now. I’m caught off guard that we are not together and I’m thinking about seeking custody of my 7 month old. I have proof of pretty much everything as it is and witnesses saying that she hasn’t been taking care of our son but having other people do it while she goes out. I’m trying to take care of my son and am willing to work with her but she refuses to talk to me now even though we’ve had agreed upon dates I can see my son and refuses to even go through mediation. I’m willing to work with her but she isn’t working with me.

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You need to file for divorce if you are married or custody if you are not. Your attorney will tell your story to do the best for you and your son.
Answer Applies to: Idaho
Replied: 7/30/2013
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