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

Would it be easy for me to get sole custody of my daughter if I am remarried? Her father is into narcotics and lives with his parents who expose my daughter to secondhand smoke. Also his parents, as well as him are illegal aliens using fake socials to work. I am married now and I work full time and we have our own place. Will any of this help my case?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Some of those facts may help your case, but getting evidence in a form acceptable to the Court could be difficult. The best help you could get would be by retaining an experienced Family Law Attorney to represent you in your child custody case.
Answer Applies to: California
Replied: 6/21/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
It sounds like you have enough to go back into court, I am assuming you have joint custody now, and modify your existing custody to either sole custody or reduce visitation. You may contact the office to discuss in more detail.
Answer Applies to: Illinois
Replied: 6/16/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Custody is a very touchy subject and there are lots of things to consider. I would be happy to sit down with you if your are in Collin or Dallas Counties and give you more information. Otherwise, you should consult with a local lawyer as these issues you present improve your odds, but only if they can be proven. What you know and what you can show in court are two different things.
Answer Applies to: Texas
Replied: 6/16/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Actually, those are all legitimate factors for a court to consider when determining the child's best interest. I would not call it "easy," because the burden is on the parent moving the court to modify custody to show a substantial change in the custodial household such that the child's best interests are served by placing them with the other parent. However, you make a good case. Stay well.
Answer Applies to: Alabama
Replied: 6/15/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
In deciding a parenting plan, the court considers all facts relevant to parenting and the best interest of the children. The court is most concerned about who has performed the most parenting functions, whether there is a basis for limiting either parent's contact, what is best for the children and maintaining a relationship with both parents. Consult with an attorney for free for more specifics. Good luck.
Answer Applies to: Washington
Replied: 6/15/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Here is a link you may find useful: http://www.jud.ct.gov/lawlib/Law/custody.htm.
    Answer Applies to: Connecticut
    Replied: 6/15/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    You can probably get sole physical custody, but I don't think that means what you think it means. The father is still going to be entitled to Court Ordered parenting time. You would be required to comply with the Court's order and present the child for parenting time, or you would risk going to jail, be charged with a felony or even losing custody of the child.
    Answer Applies to: Minnesota
    Replied: 6/14/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    You should retain a family law lawyer as soon as possible to discuss your rights and options. In Georgia, it can be difficult to terminate parental rights, but discuss this and other issues with your own custody attorney. Good luck!
    Answer Applies to: Georgia
    Replied: 6/14/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    All of these factors and more would go into such a determination. You really need to meet with an attorney to get a clearer picture.
    Answer Applies to: Connecticut
    Replied: 6/14/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Your marital status is not relevant to custody and visitation. Your ex's lifestyle may be sufficient to change the order to sole legal and physical custody with supervised visitation. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/14/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    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.
    Answer Applies to: Washington
    Replied: 6/14/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    These facts should be helpful to your custody case. Under Minnesota law, there are several factors which must be considered in determining custody.
    Answer Applies to: Minnesota
    Replied: 6/14/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio, you would have a fairly strong case. Please seek the counsel of a local domestic relations attorney.
    Answer Applies to: Ohio
    Replied: 6/14/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    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.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    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.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Those are all certainly factors that the court would look at in making a determination of where your daughter should live.
    Answer Applies to: Florida
    Replied: 6/14/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    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.
    Answer Applies to: California
    Replied: 6/14/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 6/14/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    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.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    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.
    Answer Applies to: Washington
    Replied: 6/14/2011
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