do the fathers have equal rights when fighting for custody? just im scared he will win if i go to court?
if the father has equal rights he might go for full custody for my child and i dont know if the laws changed now but he never brings my daughter back when he is suppose to n always threatens me with her and im just sick of the stress,plus hes ruinin everythin for me n my partner we want to move out my town to a village thats 6 mile away is that possible?
The mother and father have equal rights until a court determines otherwise.
You say that he never brings your child back when he is supposed to. Is there a court order giving him visitation, and he is not returning her at that time? If that is the case, then EVERY TIME he does not return her, contact the police. He is essentially kidnapping her. They will compel him to comply with the court order and you will have official records documenting his neglect to follow the orders when you go to court.
Keep a log of any spoken, written, emailed, texts, etc.- good and bad so that it does not appear you are only presenting the bad. So if you meet on X date and things went smoothly, document that. If you met on Y date and he was threatening you, document that. If he sends you a text saying he bought diapers, document that. If he sends you a text saying he is going to keep the child, document that (and keep the text as proof).
You say "partner", which makes me think you are living with someone. The courts generally frown upon parents living with someone they are not married to, as it is unstable for the child and it CAN look bad in your opinion. If I were you, I would live separately until you are married. Your child’s father CAN petition the court on those grounds, if it is not already in the order (and if it is, you are in big trouble). I would not be worryingn about moving six miles away right now (though that is possible if there is no court order and you are already married or you move and are not living together).
January 20th, 2012 at 7:04 am
the only reason a court would give the father full custody is if was in the best interests of the child
you seem only interested in what you want, as a mother should you not be thinking of what is best for your child
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my head
January 20th, 2012 at 7:11 am
yes a father has equal rights, unless the court has a reason of why the child would be better off with you, your feelings towards him aren’t sufficient there has to be proof that he is incapable of taking care of the child. 6 miles isn’t bad at all if he wants to move, deal with it. As long as you’re both responsible parents you should get 50/50. Think about your daughter, why wouldn’t you want her to have her dad around, that’s very selfish of you if he’s a good dad to her. He doesn’t have to be nice to you just cordial.
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January 20th, 2012 at 7:16 am
The mother and father have equal rights until a court determines otherwise.
You say that he never brings your child back when he is supposed to. Is there a court order giving him visitation, and he is not returning her at that time? If that is the case, then EVERY TIME he does not return her, contact the police. He is essentially kidnapping her. They will compel him to comply with the court order and you will have official records documenting his neglect to follow the orders when you go to court.
Keep a log of any spoken, written, emailed, texts, etc.- good and bad so that it does not appear you are only presenting the bad. So if you meet on X date and things went smoothly, document that. If you met on Y date and he was threatening you, document that. If he sends you a text saying he bought diapers, document that. If he sends you a text saying he is going to keep the child, document that (and keep the text as proof).
You say "partner", which makes me think you are living with someone. The courts generally frown upon parents living with someone they are not married to, as it is unstable for the child and it CAN look bad in your opinion. If I were you, I would live separately until you are married. Your child’s father CAN petition the court on those grounds, if it is not already in the order (and if it is, you are in big trouble). I would not be worryingn about moving six miles away right now (though that is possible if there is no court order and you are already married or you move and are not living together).
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January 20th, 2012 at 7:59 am
Where I live in Ohio it is usually shared custody these days. You can move out of town.
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January 20th, 2012 at 8:34 am
In the United States fathers have equal rights. The courts usually decide what is in the best interest of the child. Regardless of who gets custody, in most cases the other parent will retain visitation and a right to partial custody (as in, the weekends) or you may share custody depending on the circumstances. Moving away does not take away his rights to his child and may hurt your case if he does take you to court.
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January 20th, 2012 at 8:59 am
The father only has the rights bestowed upon him by the court, if you were not married. He may get joint physical where you each have 50/50 parenting time.
Six miles is not moving away, you aren’t constrained to your zip code.
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