do think i have a case of winning child joint physical custody?

Question

i wanna say thanks for taking the time to read this, but here is the situation. i have a 1 months old child, that was born on 3\11. *note she doesn't breast feed* i take care of, but the child lives with her. i put the child on my insurance, i set up all the doctor appointments. i buy the clothing, food, and support him emotionally. every since he was born, she has been doing stupid things. i tried giving her a money order, that she refuse to take, stating that "i don't want **** from you". later on she took the money order. now she is filing for abandonment, which it hasn't been within thirty days since she receive money.i have her on video doing all of this. i have text messages saying, "she is going to kill me". i have her on video saying, "im that not scared to go to jail". i have text messages of her calling my mom a *****. i have text of her telling me the child isn't mines.i have text messages of her stating she is gonna kill her mom. my legitimization is pending. i filled a tpo against her, and is going to try to get a warrant on her for running over my toe on purpose.while pd was on scene she stayed she didn't want the child. here is the video to her running over my toe-------http://www.youtube.com/watch?v=fyv1BnDqW…

Answer 1

She cannot calim abandonment if you see the child. Support is separate.



I suggest you file a restraining order and for custody at the same time.

Answer 2

In my state it takes a year of no contact to prove abandonment. Is it possible she has post partum depression or psychosis? Or did she act like this before she had the baby? It sounds like you're collecting evidence when you should be trying to get along.



If the cops did nothing when she ran over your toe, you can't do anything now. And really, it was probably an accident. Why were the cops there, anyway?



Here's the thing- you have EIGHTEEN YEARS to deal with this woman. If you two fight and go to court all the time, your baby will be the one who suffers the most. You should talk with her calmly and ask that you two drop the hostility for your child's sake. Consider that her hormones are a mess and cut her a little slack. If you two can't act like adults, exchange the baby through a third party or at the police station. Stop talking to each other and text or email.



Stop throwing gasoline on this.



EDIT: It's not a felony to say you're going to kill someone, not anywhere.That's why many stalkers can't be prosecuted until they DO something. Even if you are charged with a terroristic threat, it's misdemeanor.



http://www.criminaldefenselawyer.com/crime-penalties/federal/Terrorist-Threat.htm

Answer 3

I think if you can prove all of what you are saying, you could win sole physical custody. Give the proof to a lawyer, though, not the police. The lawyer can get copies to the police. If you just give it to the cops, I guarantee it will disappear in evidence , or misplaced, or whatever. I handed over a drug dealers phone, which had texts setting up deals, and a year later, he is still walking around. I love cops when they do the right thing, my brother is a cop, but don't rely on them to get the job done. Don't do anything that can get used against you later, because I don't really trust the legal system either. They tend to do whatever clears the docket the fastest.

Answer 4

it truly is trouble-free, supply up the counseling, it truly is not any longer going to paintings which includes her techniques-set and total irrational habit. Take the textual content messages to the police, tell them you want to press expenses for terroristic threats compared woman for threatening to kill you, it truly is a criminal through how, and record what she suggested about your associates, and her mom. forget the money order component, and the reckless driving for now. The police will take your record and could fee her. then you definitely take the police record, from them taking your actuality, connected print outs of the textual content and her violent habit, and also you petition the courtroom for an ex-parte restraining order (or shielding order in some states) for you and the child. which will save her from being waiting to the contact you through telephone and in man or woman. you've got a listening to interior 2 weeks time for a decide to examine the data and be conscious if the case has any merrit. for the period of that 2 week era you want to report for emergency custody of the toddler, which includes her having supervised visits at a supervised visitation midsection, at her rate. it truly is a immediately ahead false impression that you could teach a mom undeserving to get custody, you do not. You basically could teach that your the more effective secure more effective depending be certain.

Answer 5

You can go to the local Child Support office and ask to set up child support/visitation and claim paternity on the child.



All the crap she is saying to you is wrong, but I will tell you what our lawyer told us after my husband's ex keeps sending crap over and over and over in WRITING. They said we could shell out 2000.00 take her to court for the harassment, then watch her be told "Dont do that".



The important part of your statement is that you are the father, you claim this child, you are willing to support this child, and you want to see this child. All of those "wants" will be fulfilled because you are the father. If you can afford to get a lawyer, use all of the other info to attempt to get SOLE custody, if that is your wish.





EDIT: Corrected Typos



EDIT EDIT: I forgot to mention, start a journal asap. Attempt to see your child. Write down all dates and times you see the child, and all dates and times she refuses you access to the child. And last but not least.... Good Luck, do not let HER ways drive you from being a good father.

Answer 6

If you have legitimization pending you must be in GA, very few states legitimate.



My best advice to you would be to take the text messages to the police and have her charged with a felony. Post 9-1-1 you can't say you are going to kill someone, that is a felony in all 50 states. So, you have her saying that on you, and on her mother, which proves mental instability and with the text messages you need to take your phone and the phone bill showingt hey are legitimately from her to the police station and tell them you can't handle her craziness any more and you are in fear of your child's safety, they will involve DFCS and hopefully remove the kid and arrest her.

Answer 7

You get a lawyer, adn you file for Sole Custody.



All teh rest is just B---S---, and doesn;t mean a damn thing in Family Court. YOU will have to prove that YOU are a better father than she is a mother.



BTW: if she ran over your foot while the police wer still there, and THEY did nothing, then you haven;t got anything to use in court.

Answer 8

Beg and borrow every dollar you can and hire a family lawyer who specializes in divorce & custody. When you go in for a meeting, have all your paperwork in order. Dates, times, incidents, any documentation you have. Make sure it is neat and organized so you don't look like some crybaby fighting with his baby momma.



You need to look like a man who knows what he is doing and planning for your child's future from tomorrow through preschool through high school.