Me and my sons father (ex boyfriend) have joint custody with me being the domiciliary parent. Can I file for sole custody?

Asked about 1 year ago - Leesville, LA

He currently has visitation every other weekend overnight, however, his apartment is not clean or safe, he did not know what to do when my son started choking and he refuses tog et CPR and First Aid certified, he also does not show any love or affection for his son and does not wake up with him in the middle of the night. He also had anger problems and has frequently cursed around our son and throws objects. I would like to be able to have sole custody with me being able to be present with any visitation whether at my house or his and no overnights. My son is one year old. Please help!!

Attorney answers (2)

  1. Craig Bernard Mitchell

    Contributor Level 14

    Answered . You can try, but you'll need to show that it is in the best interest of your child by clear and convincing evidence. This will require more than your testimony - you'll need to have a custody evaluation done to support your position. Contact your attorney that handled the current situation or, if you did it yourself the first time, arrange a consultation with a family lawyer in or around LEesville.

    Don't forget to check "Helpful" if I helped you out. This response is not intended to create an attorney client... more
  2. Lauren G. Coleman

    Contributor Level 16

    Answered . You will need to be able to show that the current visitation is detrimental to the child. Considering the age of the child that is going to be difficult unless the child is returned to you harmed in some way you can relate back to the father's lack of care. You should try to document each and every incident that causes harm to the child so when you are able to go to court you will have sufficient evidence to present to the court.

    Every situation is different and you should consult your own attorney to go over all the particular facts in your... more

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