How can I get sole child custody? 20 Answers as of June 21, 2011

The court will decide what is in the best interests of the child. As to your circumstances, yes, the facts as described will be in your favor.

These facts should be helpful to your custody case. Under Minnesota law, there are several factors which must be considered in determining custody.

In Ohio, you would have a fairly strong case. Please seek the counsel of a local domestic relations attorney.

You need to discuss the details of your case in a consultation with an attorney. There are several questions I would have: for instance, did he get custody during the divorce, and if so, why? To what extent can you prove his narcotic use and was that also an issue prior to the divorce? Feel free to contact me; we can set up a consultation appointment to discuss the details of your situation and the viability of your custody case.

Without seeing the existing custody order and knowing more specifics it's impossible to answer you. The thing that would help your case the most is to get a custody lawyer.

Those are all certainly factors that the court would look at in making a determination of where your daughter should live.

The question depends solely upon what is in the child's best interest. Remarriage is only one minor factor to be considered in making that decision. Your use of the term "sole custody" indicates you don't know that Colorado doesn't use that term, so it may be difficult to understand what you mean as compared to what a court will do. The Court will "allocate parental responsibilities" and does not give "custody". Allocating responsibilities involves assigning decision-making authority, deciding primary residence, allocating parenting time between both parents. If you can convince the court that the father's lifestyle or living arrangements are harmful, the Court can and will decide whether or not to put limits on the father's involvement or contact, but generally the judge will not give you the absolute authority to decide if and when father can see the child.

The fact that the father is using narcotics will be relevant in a custody matter. You would also be able to use the exposure to smoke as a request for custody. Your marriage does not impact the custody issue as he will not be penalized for your marriage to someone else. You may request that until he stops using drugs, he be granted monitored visitation with drug testing. You should consult an attorney for specific information concerning your custody case.

First, we need to clarify some terms. I assume that when you say "sole custody" that you want to have sole decision making power and that the father gets no visitation. This is never an easy case to make. The fact that you are working and married has very little effect upon it. Were you and the child's father ever married to each other? If not this might or might not have an effect, depending on whether an appropriate paternity declaration was filed. If it can be proved that the father is into narcotics, this may have an affect, depending on how seriously into them he is. The fact that you state the father and his parents are illegal aliens would also have a significant effect in the case. Further, if they were to be picked up by ICE that would have an even larger effect.

Yes. To change custody, you have to show a substantial change in your or Father's ability to care for your daughter. The change is measured from the date of the last custody order.
You also have to show that the benefits associated with the change in custody outweigh the detriments in changing custody.
Here are some relevant factors the court will consider in deciding whether to change custody: In determining custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors: (a) The emotional ties between the child and other family members; (b) The interest of the parties in and attitude toward the child; ( c) The desirability of continuing an existing relationship; (d) The abuse of one parent by the other; (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.