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Child Custody Legal Question

I live in Georgetown County, Sc and am just at the beginning of the separation process and my biggest concern is our son...seeing that he gets the chance to live as close to normal life as possible and not be totally screwed up by the divorce that is inevitable.  My wife tells me her attorney says that I have no chance of sole custody (legal or residential) and more than likely will not get joint custody (legal or residential), meaning she is likely to get sole custody of our son.  When I asked my attorney as we were doing the Separation Filing to serve her with, he said we would ask for sole custody, but more than likely get joint...then continued with a "well sometimes you never can tell, it's up to the judge."

I thought there were guidelines in this area.  I'm not a criminal, spouse abuser, adulterer, mentally ill, pedofile, substance abuser or bad person of any kind...in fact more the opposite with many affidavits as testament.  Our separation stems from monetary issues more than anything else.  Anyone have any info or place to go for a clear idea on what the ruling is for child custody or denial of custody?  THANKS


by Hans   1 Post 
Posted on 7/4/2008 8:41 PM
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Answers for "Child Custody Legal Question"  (4) (You must be logged in to answer)




ok, sorry about the multiple posts - my computer is posessed -
by spaznskitz   3996 Posts
Posted on 7/5/2008 10:48 AM
0





Her lawyer is the intimidating type - sure he is going to say you have "no chance" it makes her feel good to hear it - but for any attorney to claim "we have this in the bag" before stepping into a courtroom - isn't that great of an attorney.

Now your attorney is actually the better one - he keeps things in perspective and is handling things like a business negotation, ask for more than you know you can get, in order to have room to negotiate for what is fair.

Now I don't know your whole story, I don't know if you are a workaholic, I don't know how much time you spend with your child, I don't know what you did around the home or what parental duties you took control of before the separation to be able to give you my take on what you could come out with...

Joint legal, you are entitled to - you have a right to a say in how your child is raised no matter how much involvement as a "physical" parent you have ever been.

If the child has been cared for mainly by mom most of his life, then mom will probably remain the primary residential parent - however if you stay close by, in the same school district and can show you have a flexible schedule - you could get joint physical as well...

If both of you are reasonable parents - neither of you are going to walk out of there with sole anything...but you may not get 50/50
by spaznskitz   3996 Posts
Posted on 7/5/2008 10:47 AM
0





Her lawyer is the intimidating type - sure he is going to say you have "no chance" it makes her feel good to hear it - but for any attorney to claim "we have this in the bag" before stepping into a courtroom - isn't that great of an attorney.

Now your attorney is actually the better one - he keeps things in perspective and is handling things like a business negotation, ask for more than you know you can get, in order to have room to negotiate for what is fair.

Now I don't know your whole story, I don't know if you are a workaholic, I don't know how much time you spend with your child, I don't know what you did around the home or what parental duties you took control of before the separation to be able to give you my take on what you could come out with...

Joint legal, you are entitled to - you have a right to a say in how your child is raised no matter how much involvement as a "physical" parent you have ever been.

If the child has been cared for mainly by mom most of his life, then mom will probably remain the primary residential parent - however if you stay close by, in the same school district and can show you have a flexible schedule - you could get joint physical as well...

If both of you are reasonable parents - neither of you are going to walk out of there with sole anything...but you may not get
by spaznskitz   3996 Posts
Posted on 7/5/2008 10:47 AM
0





Her lawyer is the intimidating type - sure he is going to say you have "no chance" it makes her feel good to hear it - but for any attorney to claim "we have this in the bag" before stepping into a courtroom - isn't that great of an attorney.

Now your attorney is actually the better one - he keeps things in perspective and is handling things like a business negotation, ask for more than you know you can get, in order to have room to negotiate for what is fair.

Now I don't know your whole story, I don't know if you are a workaholic, I don't know how much time you spend with your child, I don't know what you did around the home or what parental duties you took control of before the separation to be able to give you my take on what you could come out with...

Joint legal, you are entitled to - you have a right to a say in how your child is raised no matter how much involvement as a "physical" parent you have ever been.

If the child has been cared for mainly by mom most of his life, then mom will probably remain the primary residential parent - however if you stay close by, in the same school district and can show you have a flexible schedule - you could get joint physical as well...

If both of you are reasonable parents - neither of you are going to walk out of there with sole anything...but you may not
by spaznskitz   3996 Posts
Posted on 7/5/2008 10:47 AM
0







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