Father Chance at Custody (kind of long)

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Father Chance at Custody (kind of long)

Postby Avicenna » Sat May 19, 2012 6:27 am

I have lurked this forum for a while now, and I appreciate grasping all of the board members views and information they have provided. I'm currently pursuing full or primary custody of my daughter of 8 months in the state of Indiana. My daughter was born in Sept 2011, me and mother somewhat lived together(off and on) and after 2 weeks of my daughter being born, the mother kicked me out. Come to find out the reason she kicked me out was because the father of her second child(age 5) got out of 2 year prison term for robbery and stolen property (he has served 2 different terms in prison). After finding out I did go berserk, but I was really worried about spending time with my daughter, but she denied me time in October and November to spend time with my daughter because the convicted felon was staying between her house and his parents house an hour away. She refused to even let me see her November, saying she had all the custodial power to grant me < parenting time > even though we signed a parental affidavit of joint legal custody. Being infuriated with the lack of parenting time with my daughter in November, I accepted a job offer in Washington D.C. that offered me twice what I was being paid in Indiana to help me pursue full custody of my daughter. I was able to see my daughter around Christmas-New Year time as she needed help providing presents for our daughter and her 2 other daughters(she's a user and she's unemployed). I hired a lawyer in December and have been pursuing custody of my daughter ever since, the court process works so slow as of just now in May I am having my first hearing for emergency custody order for my daughter. In May( just couple days ago), I signed a temporary agreement that allows me 4 nights/3 days a month till September in Indianapolis. Im sick to my stomach about signing the agreement for a couple reasons: I wanted to have her at least month this summer to bring my daughter to DC but was told by my lawyer the court wouldn't allow it, so she didn't pursue it; Im paying child support, Im not mad about paying the support its just that I heard the court rarely give the non-custodial custody once there paying support; and my daughter's mother called the cops on me the day we had signed the agreement when I was to have interrupted < parenting time > with my daughter.

After giving a that long backstory, my questions are; how likely is to get custody of daughter of 8 months out of state given that the mother receives unemployment, lets newly released convicted felon live/around my daughter, was driving for 5 months on suspended license with daughter, has 2 other children by different men, lives in the ghetto, and I have audio and text messaging proof of parental alienation against me?
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Re: Father Chance at Custody (kind of long)

Postby BartSimpson » Sat May 19, 2012 7:22 am

Your chances are zero.

She was everything you describe prior to you making a baby with her. You moved away which is a complete failure for your goal, and "tender years doctrine" is going to prevail.

Sorry, but you've got nothing here.
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Re: Father Chance at Custody (kind of long)

Postby Fatheroffour » Sat May 19, 2012 7:30 am

Its no slam dunk, that's for sure. You'll need to build your case around the harm/best interest to the child rather than making an issue out of the situation itself.

You bred into it willingly. The complains about it now don't make for a compelling case.
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Re: Father Chance at Custody (kind of long)

Postby minuette » Sat May 19, 2012 11:24 am

Fatheroffour wrote:You bred into it willingly. The complains about it now don't make for a compelling case.

"B-b-but, now that I can't tap it, it's immoral and unhealthy for a child to be around!"


OP, move back to Indiana. You have neither the cunning nor the cash to wage a successful long-distance battle for primary custody of an infant at this point.
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Re: Father Chance at Custody (kind of long)

Postby Avicenna » Sat May 19, 2012 4:48 pm

I appreciate the feedback and the responses, Thanks.
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Re: Father Chance at Custody (kind of long)

Postby cynicalDad » Fri May 25, 2012 12:28 am

Did similar to you (moved away for work). Best you can hope for is a very generous offer of parenting time from the judge and some kind of arrangement regarding expenses related to travel. If your ex is scared that you might get custody you could hold out till the bitter end and then drop the push for custody in exchange for more time but honestly you moved away and the courts are not going to see any logic in that.
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