Question Posted Wednesday September 26 2012, 11:15 pm
Long story short me and my ex were together a month after I had my son. He moved in with us when my son was 7 months a month after my son was born we decided to try to make things work. How ever we just recently broke up my son is now 1 years old . His father filed for joint custody and I filed for full and sole custody we have a meeting with a case worker and police officer and I'm a nervous wreck I'm wondering how they determine who gets what? My son has been with me for the last year and I want him sleeping where he's been... I don't mind him seeing his father I just want what's best for my child and I think that's him being with me. His father has a possible DUI charge for smoking marijuana not confirmed yet but I'm wondering if the court will look at his record? He says he quit not sure what the truth is anymore.. If anyone knows anything let me know please :)) thank you
adviceman49 answered Thursday September 27 2012, 11:10 am: You do not mention if you have a divorce attorney. If you do not, you need to get one as this questions is one the attorney needs to workout with the court not the case worker. The case worker will make recommendations which the court can take into consideration if so inclined.
Now there a difference between joint custody and custodial custody. There can be joint custody where both parents have to agree in certain situations concerning the child. One instance could be that whoever has custodial custody could not move to such a distance that visitation by the non-custodial parent would be infringed upon, without the consent of the non-custodial parent. Full joint custody would mean that the parents would share custodial custody. This is not in the best interest of the child and is why you need an attorney.
Now you may feel you can't afford an attorney. In general the first interview is without charge. Make an appointment. Depending on the reason for your divorce your soon to be ex may have to pay for your attorney or at the very least the attorney will accept instalment payments or refer you to someone who will or to legal aid.
You need to know your rights and the rights and to protect the rights of your child. If your husband is represented by an attorney you need one too; even if provided through legal aid. Protect your rights and the rights of your son. Speak with an attorney ASAP if you do not have one. [ adviceman49's advice column | Ask adviceman49 A Question ]
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