Child Custody

Plantiff is filing for Sole "full" Physical Custody and Shared Joint Legal Custody. In a No Fault State, Plantiff filed that Defendant Abuses Alcohol and reported the Defendant's Impaird Driving (first offense) - nine months ago.

- There has been no physical/emotional abuse to Plantiff and Minor Children.
- Impaired Driving was a result of a poor 'one-time' decision made by Defendant and lesson was learned.
- Defendant is a good provider and spends a great amount of time with the children, i.e., play time, meals, baths, story, bedtime, school, medical attention, educational trips, etc. All as equal to Plantiff.

What advice can you give the Defendant to help swing Full Physical Custody to Shared "Joint" Physical Custody? Please ask if more info is needed.

by mgb650 22 Posts
Posted on 4/4/2008 3:46 PM

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Tags: child custody

Answers for "Child Custody" (4) (You must be logged in to answer)

Unfortunately many times a single event like the one you mentioned can affect the output of your visitation and custody rights... Laws are also different from State to State so I would say... you would need a lawyer since your spouse and you don't agree in that subject and also I would check at the Information Center to get more State law for your particular situation. Good luck.

by Tato 417 Posts
Posted on 4/4/2008 8:31 PM

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You for sure need a lawyer. Seems that a one time mistake shouldn't cost you your kids. The amazing thing is that if you would look hard you would "find" some mistake that has been made on the other end.
A judge should see thru the farce. Like in a situation that I am in...they should see it.
Judges want the "best interest of the children" . Keeping one parent away for any reason other than child abuse or consistant drug and alcohol use is about the only reason it should be done. It amamzes me the vindictiveness of people who have been hurt that are saying that "it is for the children" but it ends up hurting them instead.
I wish you all the best. Let us know how it goes.

by mtnvly 3959 Posts
Posted on 4/4/2008 8:28 PM

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I've never heard of that mgb650. I'm familiar with primary physical custody and the non-custodial parent usually enjoys liberal visitation. IN some instances there is supervised visitation or no visitation but those are extreme cases where Child Protective services has taken control and the parents or one parent is required to complete some anger management or substance abuse program before liberal visitation is ordered.

Every Judge is different and the Courts have wide latitude in what they can order. I strongly recommend you get a lawyer. I remember you having another interesting question earlier and it sounds like you're in for a fight.

by brad 232 Posts
Posted on 4/4/2008 8:11 PM

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I am not an attorney but custody is normally shared unless there is overwhelming evidence that one parent is "unfit" to raise the children. Have you spoken with an attorney? The children need both parents in their lives as long as the parents are good providers and not abusive to the children. Fight for your kids as hard as you can.

by Barkley 912 Posts
Posted on 4/4/2008 6:03 PM

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