he gave up his rights to join the army then got kicked out but not before his parents intervened and I had to go to mediation with them. I was granted sole legal custody of my son and share partial psychical custody with his parents and now my sons father got a medical discharge due to a broken knee and wants to share legal custody and my lawyer says she's 99% sure they'll just give it to him if he doesn't have a criminal record or is a drug user. he also hasn't spoken a word to me in 5 and a half months and refuses to see me or talk to me about our son. his parents are fighting this battle for him. when my son is over their house my sons father usually isn't even home. I have all the proof that he refuses to talk to me and haven't said anything harassing or in an aggressive way, just asking for help with insurance,day care etc etc. is it really true that they are probably just going to hand over joint legal custody to him. or is there anything I can do?
Family Law Attorney
Since you have an attorney and he/she has given you an opinion as to the anticipated outcome of this matter, I cannot and will not second guess his/her advice. If you do not trust your attorney's opinion, they is a different problem altogether, but if she believes that the father will be successful, that's the advice you should rely on.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
More facts are needed to answer this question. How long has father not seen the child. What is the general consensus of the judges in your court system. One of the factors that the court should be looking at to award joint custody and whether the two of you can communicate. However the court is used to dealing with no-communicative couples which doesn't necessarily prohibit joint custody. You might consider meeting with a Parent Counselor together to work on your issues.
Rely on the advice of your attorney, that's what they are there for.
Keep in mind, with almost all custody situations, the standard is the Best Interest of the Child. As I'm sure you are aware, legal custody encompasses those decisions you make for your child, such as medical decisions, schools decisions ect. The court typically will find it to be in the best interest of the child when both parents have a say in such important life decisions.