My son is 3 years old, and, by court order, I have primary custody of him and have since May 2009; his mother and maternal grandmother both have partial. Mother is taking me back to court and filing for primary custody--the 21 point petition her lawyer drew up is all lies. I have taken my son to all of his doctor's appointments, provided for all of his needs, bought all of his clothes, etc., and she has verbalized that her only motivation for gaining custody is to get child support; further, she doesn't spend time with him when she does have him, she drops him off at a family member's and leaves. She is unstable and doesn't truly care about him; what are the chances that she'll get primary custody, and what can I do to prove that the petition is a bunch of lies?
Child Custody Lawyer
It is hard to provide an accurate answer regarding your chances of retaining primary physical custody. The court takes into consideration a number of factors in determining the best interests of the child. One of those considerations is; who has been the primary caretaker, ie: who buys the clothes, who feeds the child, who tucks the kid in, who attends doctors appointments, etc. Being able to establish that, is a big factor in your favor. Secondly, parents who are not involved, who miss visits who aren't there when visitation does occor, often have up hill battles.
At the hearing, you will have a chance to cross-examine her witnesses and you will be able to testify yourself and have your own witnesses testify.
It would be best if you retained counsel to represent you through this.
Justin C Gearty Jr
DISCLAIMER: This post is for educational purposes only and does not create an attorney-client relationship.