I have been wanting to leave my boyfriend for months now but haven't because I don't trust him alone with our daughter. He is an alcoholic, has 3 DUI and has a felony for a controlled substance. He would fight for full custody with her but he doesn't take good care of her even when I am around. He is an emotional abuser and doesn't take very good care of himself or her. I need help if I tried to leave him in the beginning of the year but I won't if he would get custody for my daughters safety
Based on, and taking as true, what you have said, his chances are not very good at full custody. What is it about yourself that makes you think he has a shot? I suggest you consult with a local family law attorney to plan your departure and get a true picture of your circumstances.
If by "full custody" you mean that either one of you could get custody of the child and cut the other parent out of the child's life completely - that is not going to happen. Based on what you have stated, the child is likely to be with you the majority of the time, but the father will have parenting time with the baby if he requests it. If you can demonstrate that he is a danger to the child, you can get the court to order only supervised parenting time until he can demonstrate his ability to care of the child appropriately, but you made the child together and the Court is going to expect that you both be involved in raising the child.
Robert Salter is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Robert Salter or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
You can maybe get some free legal advice through Adams County and/or the local Bar Association. You should call the local safe house and ask them for help with getting connected. Of course Judges don't give "full custody" to 3 x DUI , alcoholics who are verbally abusive. They shouldn't even get unsupervised parenting time. The hard part can be convincing the Judge that that is the case. That's where some legal advice can be helpful. Call the safe house.
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