Any Dad's with full custody?

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Hi,

I can't offer any advice on this, but I have followed you on this, and I wish you the best of luck. Every parent has the right to see their child/ren if a partnership dissolves.

Let us know how it goes.

I have no idea about dads getting full custody, but i just wanted to ask the question, if you do go for full custody and dont win, can you then apply for part custody or do you lose your rights altogher??

I know there are a few kids at my work (childcare) that live solely with their fathers, but I am not sure what their situations are. Maybe ring legal aid and ask them what sort of things could warrant your DP sole custody.

Dad's can get custody my ex got custody of my two girls this was 12 years ago. I go pnd and was put in hospital for a month we then split up and he used that to get the girls. I do see them very regularly. You sound like you just wants the best for your bfs child so dont give up you can get it. It might take a bit of work but it can happen good luck.

If the child is under 13 they have no legal voice & therefore cannot have any say in what happens.

The courts more than likely won't give your BF full custody just on the way she acts or his hearsay. There has to be a huge amount of substantiated evidence.

If she is preventing him from seeing the child, the court will not look at that favourably.

He needs to keep records of everything, especially emails or text messages to & from her. He has to keep both sides of the correspondence.

She cannot prevent him from seeing the child once the court orders are set. If she does, she is in breach of the orders & can be taken back to court, where she will have to pay all costs & the orders would be changed, possibly in more favour of your BF. But that also takes time & if she claims poverty, your BF would still have to pay the costs.

It is a most horrid situation, I know. If he has a legal representative now, he should just listen to their advice & let the court & his rep handle it.

Big hugs & good luck.

Both parents have the right to have the child as long as they are both fit. The thing is that as the child has been living with the mother on a full time basis, you would have to show the court the child is being affected in some way.

However, you can start a process in order to gain either full custody or more custody.

Initially start with documenting EVERYTHING that happens concerning the child and visitation. Get a diary solely for this purpose. Try to arrange everything via email or text. That way anything that has been said between your BF and his ex is evidence to support you case. You can record phone conversations, however be aware that unless the ex is aware of the conversation being recorded, it can't be used in most states of Australia.

Always try to show you're willing to compromise in some cases and if you can't, give a clear explantation as to why.

Keep all these records together and there is no reason to let her know what you are doing.

The next step is to look up the Family Law Court Process in your state or country. In QLD, you are required to go through mediation with the other parent in order to attempt to resolve the parenting arrangement without going to court. If mediation doesn't work, then the Mediation service is able to issue a document that can be taken to court advising the mediation process didn't work. When you go into this process, be extremely clear on what you want and including holidays, birthday's, travel, and anything else you wish to add.

If this doesn't work, you can make an application to the courts. This is where I would recommend you get a lawyer. If you're eligible for Legal Aid, use it, if not find a lawyer who is experienced. You can represent yourself, but at this stage, I wouldn't recommend it.

This is when you pull up all the "dirt" he has on his ex. Anything you can bring up that will discredit her as a mother, but also paint you in a good light. There's no point in bringing up situation where you or your BF have added fuel to the fire and given her reason to react in a defensive manner.

It's a long process, that can get extremely nasty, however if his daughter is worth fighting for, you'll take it a step at a time.

Good Luck smile

Put the child first, not the hostility towards their mother. No one wants to find out when they are 18 that people were writing horrible things about their mum.

This is one thing your partner will have to work out for himself, your support is needed but otherwise a step back is the best approach.

The court is going to need a very good reason for changing the day-to-day caregiver, and that would be after multiple breaches of court orders, which you don't currently have.

Hope it goes well for your partner and his child, and the child is at the center, not the adults.

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Hi there,

I have a younger half sister(18yrs my jnr) whom is in my fathers care. My sisters mother did not want her to begin with and then had a traumatic birth. She is a morphine addict and mentally unstable, however she still has 50% custody of my sister. My sister lives full time with my father, her mother sees her for about 3hrs every second week, but due to the the 50% Dad has to consult her about everthing (to which she uses to her advantage) and still has to pay her child payments..

My father faught tooth and nail for my little sis and despite being quite well off, owning a house and business and having a great lawyer, the courts rule in favour of the mother at all times as the are supposibly the best person for a child to grow up with.

My advice to you is to get a good lawyer, one whom specialises in fraternal custody, document every thing, and do not ever bite back at anything she says (just smile sweetly and nod). You will have the advantage of a 'wholesome' family household on your side smile
There is also a mens group that is campaigning to have the laws changed about favouring the mother, they also provide excellent support, maybe you could google it?

Best of luck, I hope your DP's DD ends up with you.

what country are you? a family friend went for full custody of her daughter (in nz) and was told the only way a parent get's full custody now, is if one parent has been deemed unfit, has physically ,mentally or sexually abused mother or child, and providing substantial evidence of this. anyway due to none of these being the reason she wanted full custody they went threw a process which gave her the permission to raise the child under her roof, anything involving the child before the age of 13 had to be discussed between both parent before proceeding and the father was allowed to have the child so many days a week. similar to full custody but there is some fine print, i can't remember what the term is for this agreement sorry. you may want to consult with a lawyer.

Hi
I have a similar story and are also looking for any feed back !
my partner and i have been together for over a year and have just recently purchased a house together.
with in that year ( to keep the story short ) his ex has been using there 3 year old as a pawn
we have been working with a lawyer for the last 4 months . His ex partner is extremely unstable
she has just today changed the meeting place of were we can collect my partners daughter 10 times in the space of a 8 hour day , even with out telling her lawyer she is going against the agreement she her self write up. she has aboy friend who she meet at new years eve and he moved in with her after 2 weeks of being with each other , he has known gang connections in his past and he denys being connected to them know but he still has s shaven head and supports the white power persona
he has threatened me and my partner on several occasions to our faces and through severol texts messsages , messages like we are comming to get you , we know where you work , your going to get it after work today etc
not only does he do this through text message he does this face to face , we have now started taking a support person to these arranged meeting spots for that fact of he will abuse my partner and so will she infront of there 3 years old which will result in her crying . i have cought this on video when they have come right up to my partner with his child sitting on his lap in our car and started yelling and screaming at him . we have contacted the police and ciwfs on several occasions as we are completly lost on what to do , the police do not want to know as they are classing this as a he said she said type of thing , and ciwfs dont see what they are doing is wrong ???
not only does the verbal abuse continue every week and the change of agreeded meeting spots
she has now stopped all clothes being sent with her daughter to our place although we pay child support weekly she still continues to ask for more money , her behaviour has become extremely worry as it is now starting to effect there 3 year old
the daughter gets extremely up set if we dress here in clothes that arent her mothers on days shes to return back to her , she will walk around our home looking for anything that is mummies before we take her home to make sure she has everything she is 3 !

i guess what im trying to find out if anyone out there has been through a case like this when the father is trying to get spilt care and also maybe if anyone things we should be going for full care and if we have enough to get her out of that care

you would think the drinking in the car and texting while driving was enough !


look forward to any feed back