Who retains custody during a custody case?
Asked by
flip86 (
6213
)
April 15th, 2016
First of all, I want to say that at this time, I am caring for my daughter. My daughter has been solely with me for about a month now. Mom has had a few visits but has been absent for the majority of the month. Mom has mental health issues and was hospitalized. Mom planned on coming back home with us but I felt it best that she didn’t. Her mental health is not stable and I feel it is detrimental to my child. Child protective did get involved because of Mom. They did an assessment and determined that Mom should not be alone with daughter for the sake of child’s safety. Child protective also said visits with Mom need to be supervised. They dropped the case and sent me a letter stating the former.
I broke it off with Mom because the relationship has been over for a long time. It wasn’t good for any of us and we all needed change. Mom is staying at her mother’s house.
Now, to my original question. If I go to the court and petition for sole custody, will they grant me temporary custody until a decision is made? I don’t want Mom or Mom’s family to come and snatch my daughter. She should be with her father, not with her mother. Mom, like I said, has serious, debilitating, mental health issues that have progressively gotten worse since the death of her father a year ago. Mom has always had issues but never with this level of intensity
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9 Answers
We can’t tell you what will happen, that is up to the judge to decide. But if the facts are as you present them, it certainly seems likely that the you will get temporary custody pending the final divorce settlement.
You are already the primary parent at this time so unless you too have legal or other documented issues the odds are good that the courts will decide in your favor. Of course, as @janbb said, we cannot say for sure, but the probability looks good from what you present at this time.
As we used to always say when we did CPS, when a case goes to court, you never know what a Judge will decide. What is logical is not always the way the Judge will rule. What makes sense to you and me does not predict what the outcome will be. Therefore, document your stuff, keep copies, take the copies to court and also make sure the lawyer has copies of everything. If you need to, write a letter directly to the Judge.
Some may get upset at what I wrote and say “Oh, but that makes no sense. He SHOULD Get custody.” “Should” means absolutely nothing. It’s all up to the judge.
@jca I don’t want to know the ultimate decision. I was simply asking if Mom or her family can legally take my daughter during the time it takes for the final determination of custody. Basically, I want to know my rights.
@flip86 Are you gainfully employed? Do you have a home of your own to provide for your daughter? Do you have any prior legal issues, or trouble with the law? Are you able to afford and provide for your daughters needs, education, medical care?
If so you, as the father, you will be given the highest priority for custody most likely.
If not, it is possible that the moms family could ask for custody if you are unstable and unable to properly provide for your child. These are all things that will be taken into consideration.
@flip86: Sure they can ask for custody and as long as a judge grants it, it’s “legal.” If I were you, I’d get a lawyer.
Like @Coloma said, they’re going to look at everything about both parents and if there’s any doubt about any one, they’ll look to the grandparents and/or other family members (aunts, etc.). So it’s not an “either/or” situation. It’s maybe mom, maybe dad, maybe grandma and grandpa, maybe Aunt, etc.
You need to petition the court for temporary custody while you have your daughter with you. The answer is up to a judge but it sounds like you have a good case. You need an attorney asap.
Agree with needing to retain an atty.
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