What are my chances of losing if my ex spouse is trying to get full custody? 30 Answers as of July 25, 2013

My ex is filing for full custody. What are my chances of losing?

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Alfred Law Firm
Alfred Law Firm | Janice Alfred
You have not provided sufficient information for an assessment of your case. For instance, what is the basis for which she is seeking full legal custody?
Answer Applies to: Georgia
Replied: 7/2/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
There is no way to answer this question other than to simply state, the Court absolutely must do what is in the best interest of the child. What you want, what your spouse wants, those are really not important. If the two of you do not agree, the Judge will do what he/she finds to be in the best interest of the child. The best thing you can do is consult with a lawyer. Find someone local to your court. If your case is in Dallas or Collin County, let me know, that is where I practice. Otherwise, find a lawyer in the county where the case will be heart, give him/her all the details, facts, and work with your lawyer to present your best case.
Answer Applies to: Texas
Replied: 1/13/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
That depends on a great deal of factors, and it is impossible to guess based on such general information. However, you can expect to get some visitation time, at the least, unless there are very unusual circumstances.
Answer Applies to: Georgia
Replied: 1/13/2012
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Depends. The court will look at the best interest of the children. If you are a good mother with no problems with the criminal legal system, and you cannot be shown to be involved with illegal drugs. Your chances of success are good .
Answer Applies to: Alabama
Replied: 1/12/2012
Vargas Law Office LLC | Ronnie Ismael Vargas
Depands on the issues involved in your case. Here's a list of the factors Court consider: (5) Factors in Custody and Physical Placement Determinations. (am) Subject to pars. (bm) and (c), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars. (bm) and (c), the court shall consider the following factors in making its determination: 1. The wishes of the childs parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial. 2. The wishes of the child, which may be communicated by the child or through the childs guardian ad litem or other appropriate professional. 3. The interaction and interrelationship of the child with his or her parent or parents, siblings, and any other person who may significantly affect the childs best interest. 4. The amount and quality of time that each parent has spent with the child in the past, any necessary changes to the parents custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future. 5. The childs adjustment to the home, school, religion and community. 6. The age of the child and the childs developmental and educational needs at different ages. 7. Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child s intellectual, physical, or emotional well-being. 8. The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child. 9. The availability of public or private child care services. 10. The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate orcommunicate with the other party. 11. Whether each party can support the other partys relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the childs continuing relationshipwith the other party. 12. Whether there is evidence that a party engaged in abuse,as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02(2). 12m. Whether any of the following has a criminal record and whether there is evidence that any of the following has engaged in abuse, as defined in s. 813.122 (1) (a), of the child or any other child or neglected the child or any other child: a. A person with whom a parent of the child has a dating relationship, as defined in s. 813.12 (1) (ag). b. A person who resides, has resided, or will reside regularly or intermittently in a proposed custodial household. 13. Whether there is evidence of interspousal battery asdescribed under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (am). 14. Whether either party has or had a significant problem with alcohol or drug abuse. 15. The reports of appropriate professionals if admitted into evidence. 16. Such other factors as the court may in each individual case determine to be relevant. (bm) If the court finds under sub. (2) (d) that a parent has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), the safety and well-being of the child and the safety of the parent who was the victim of the battery or abuse shall be the paramount concerns in determining legal custody and periods of physical placement. (c) If a parent is a service member, as defined in sub. (2) (e) 1., the court may not consider as a factor in determining the legal custody of a child whether the service member has been or may be called to active duty in the U.S. armed forces and consequently is, or in the future will be or may be, absent from the service members home.
Answer Applies to: Wisconsin
Replied: 1/12/2012
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Without knowing more about you and your ex-spouse, it is impossible to say what your chances of losing are.
    Answer Applies to: Florida
    Replied: 7/8/2013
    Law Offices of Frances Headley | Frances Headley
    Changes in custody depend upon the facts of the case and the nature of the custody order, ie whether or not it is temporary or permanent.
    Answer Applies to: California
    Replied: 7/2/2013
    Rhonda R. Werner Schultz, PL
    Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
    I would ask what does full custody mean to you? If you mean will your spouse be able to exclude you from your children's lives then your spouses chances of "winning" are not good. To completely exclude a parent from his or her children's lives, you would likely have abused or harmed your children somehow or you are in prison for an extended period, or you are a drug addict, child molestor, severely mentally ill with abusive tendancies, or an alcoholic who has minimal ability to provide for your children's well being. Typically, even in these types of circumstances, supervised placement with your children would be more likely than no access at all. The court's have decided that it is in the best interests of children to spend as much time as possible with both parents, so long as each parent provides appropriately for the children and will keep them safe.
    Answer Applies to: Wisconsin
    Replied: 1/12/2012
    Law Office of William L Spern | William Spern
    It depends on the facts of what is going on in your various lives. In Michigan, the first element is a change in circumstances, i.e., a criminal conviction, neglect charges, drug charges, abuse charges, etc..
    Answer Applies to: Michigan
    Replied: 1/12/2012
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    This question is impossible to answer without more detail regarding your factual situation. You need to consult with an attorney about your specific facts and circumstances, and the reasons your ex may be seeking sole custody.
    Answer Applies to: Louisiana
    Replied: 1/12/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    I have no idea. What are the facts?
    Answer Applies to: New Jersey
    Replied: 7/8/2013
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    The issue of custody is not a simple one, and there are a multitude of variables involved in assessing ones "chances" of loosing custody. You will need to meet with a local child custody lawyer for a consultation to get the answer to your question.
    Answer Applies to: Georgia
    Replied: 1/12/2012
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    To change an existing custody order the moving party will need to show there has been a material change in circumstances, and that the material change in circumstances was serious enough that it would be in the best interest of the child to change custody. If there has been no material change that adversely effects the child(ren) it will be difficult for your ex to get custody from you.
    Answer Applies to: Arkansas
    Replied: 1/12/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    Your question is a little bit like a sign that simply says "Garage sale today." Where? When? Was the sign put up today, or some other day? The answer to your question depends on things unrevealed. Who are you? Who is your ex? What do you mean by full custody? Are you the mom or the dad? How old and what sex is the child? How much of the parenting of this child have you done? How much has your ex done? What are your living conditions and job, and what are your ex's? What about criminal records, drugs and/or alcohol? Mental health issues? Custody questions are almost entirely fact specific. The law is relatively sexless, although it is not applied in as sexless a fashion as it should be, especially in rural areas. The answer to your question lies almost completely in who you are, and who is your ex? The good news is there is rarely such a thing as sole custody in Texas. The average loser gets 37 or 38% percent of the child, meaning the "winner" gets 62 to 63%. Most cases, especially cases with good lawyers and an even playing field settle, and there is a convergence towards the middle. More and more, especially in cases with good lawyers, there are no real winners, and there are no real losers. Of course, if your ex has a lawyer and you don't. or has a good lawyer and you don't, he may present him better than you do. The opposite is also true. Courtrooms are places with rules that the unitiated have a hard time penetrating. This is one instance where you really do get what you pay for. If you want to know more, I suggest you reframe your question. Tell us about you, your ex, and your child. Lay out the facts, in the most neutral way that you can muster. We are always here to help, but we cannot help you if you don't tell us what we need to know. It is really as simple as that.
    Answer Applies to: Texas
    Replied: 1/12/2012
    The Law Office of David Bocchino, LLC | David E. Bocchino
    Without knowing why your ex is suing for custody, it is difficult to give you an answer. Does he just want more time with the kids? Have you withheld visitation? Does he just want to stop paying child support? Is he alleging that you are an unfit parent? The circumstances surrounding his request would are important and would help any attorney attempting to give you a responsible answer to your question.
    Answer Applies to: Maryland
    Replied: 7/8/2013
    Peyton and Associates | Barbara Peyton
    Nobody wins or loses in a custody case except maybe the kids. Unless there is some overwhelming reason, you will not lose custody of your children. Overwheling stuff includes drug abuse, criminal activity or sexual misconduct in front of children. The court will have a mediator interview you and the children to try to determine what is in the kids' best interests.
    Answer Applies to: California
    Replied: 1/12/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Based on the lack of factual information in your question, I would hazard a rough guess of 50/50. However, in reality, custody is based on the evidence provided to the Court, which awards custody based on the best interests of the child/children. You should retain an experienced Family Law Attorney to represent you in the child custody matter.
    Answer Applies to: California
    Replied: 1/12/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It would be impossible for me to answer this question without specific facts as to your case
    Answer Applies to: California
    Replied: 7/8/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Colorado no longer uses the term custody and only deals with the allocation of parental responsibilities. So, it isn't clear what you ex- thinks he/she is trying to do. Whatever that is, however, the decision by a court will be based on what is in the best interest of the child and it is always true that what is best for every child is to have two loving and involved parents. So, the likely result is going to be some sort of share parenting time arrangement and "losing" isn't a meaningfully term. But, without knowing all the relevant facts is not possible to even make a wild guess about what a judge might do.
    Answer Applies to: Colorado
    Replied: 1/12/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    We need more facts, there is absolutely no way to tell you what your chances are of losing custody without facts.
    Answer Applies to: California
    Replied: 7/25/2013
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    The chance of full custody depends on the circumstances. Without a significant reason, courts are hesitant to award full custody to one parent without giving the other parent some visitation.
    Answer Applies to: Massachusetts
    Replied: 1/12/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Every case is fact-specific. My advice is to be honest, reasonable, and keep your children's best interests at the forefront.
    Answer Applies to: California
    Replied: 1/12/2012
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    Without knowing any facts of your case, that is a hard question to answer. Generally speaking, most Judges in California seem to favor joint custody, especially regarding legal custody, unless there is a reason not to have joint custody. Even if your spouse was granted sole physical custody, you could still be granted visitation time so you will still see your kids. To know how strong your spouse's case is, you really need to consult with a family law attorney on this matter.
    Answer Applies to: California
    Replied: 1/12/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Even with all the facts of the case, any answer would be a guess. With no facts, there's no way to answer you except to tell you that your chances are far worse without a lawyer than with one.
    Answer Applies to: Georgia
    Replied: 1/12/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    There is no way to look into a crystal ball to answer your question. You have given no information.
    Answer Applies to: California
    Replied: 7/8/2013
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Custody decisions are made on a case-by-case basis. I would need to know a lot more information about your living situation and history to know how custody might be determined.
    Answer Applies to: California
    Replied: 1/12/2012
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