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How easy is it for a father to get custody of child?

My sisters ex is all the sudden trying to get full custody of their son. He left my sister for some random girl he met online and married her.

My sister has depression and she wasn't on medication a few years ago and when he just newly left.

She told him to come and take their son.

But she didn't mean it and she was probably stressed out from all the sudden bring a single mom.


However she is a great mother to their son.

He told the courts she is mentally unstable and irratic.

And thinks he needs to have full custody.

She has had some arugements through texts with him about many different things. But anything she has said wrong to him has nothing to do with the care their son has

If he gets custody of the child it will ruin his life.

He told the court that he sees his son every other weekend. And it's not true he sees his son other weekend. Or every 3 weeks or whenever he decides it's convenient for him.

Sometimes my sister would even tell her ex that it's been a while and he should come see their son.


He is also trying to make things up through texts like my sister broke her phone so she wasn't able to talk with him but he had all communication through my mom.

So he was texting my mom acting like we were lying to him and wanted to keep him from seeing his son
And he randomly wanted to come and see his son. And my sister said that they had plans. And he texted stop trying to keep me from seeing my son.


No one ever said he wasn't allowed to see his son. He sees him whenever he wants.

And he's been screen capturing every argument through text she's ever said.

And when people are mad they say things they don't mean.

He's extremely manipulative and gets way all the time. I'm worried he's going to set things up to make it look like he's being abused.



Also another things when my nephew is in a bad mood he over reacts and says things like everyone hates me and yells at me all the time.

And things like that. So I don't know if he has said things like that to his father about us. Even though it's not true.

He has told us that daddy yells so loud it hurts my ears.

When he is talking about us yelling it's because we are just telling him to get ready and brush his teeth and he doesn't want to. Or to finish eating his food.

So when he doesn't want to do it he says everyone hates him. When it's not true.

What would happen if a child says untrue things in a court? If they end up questioning him?
She needs to save a communication by text by screenshot, and write down every single time he calls and why. On a calendar, she needs to write when he gets the child and drops him off.
The father will be awarded emergency custody for sure, but that's just to hear both sides and if the judge feels she is capable of keeping her kid, the child will go back to her. Now if she gets all distraught and cries, that might bite into the father's part as she is unable to hold herself together and he will be awarded custody.
Yes depression can play a big part, BUT only if she isn't seeking help for herself managing a stable health. Another words, if she's deeply depressed to the point to always staying in bed, doesn't provide meals for her child, always yelling and wanting to be alone, than that behavior won't help her out. She will have to take care of herself, in order to take care of a child.
It's going to feel like a battle, especially if he gets awarded temporary emergency custody, but she's got to think positive and keep in mind, he won the battle, but not the war.
Iamnotacat · 26-30, F
@DefiantHeart the child does get everything and more. I literally dont understand what he's trying to do all the sudden.
Diesel95 · 36-40, MVIP
Depends on where you are it is notoriously difficult here in England
smileylovesgaming · 31-35, F
Sounds like a pickle. Usally the court won't take a child from it's mother. But the ex is married and more stable. Court may go that way. I wouldn't argue with the ex at all. That would only make thing's worst.
Iamnotacat · 26-30, F
Because I live with my sister an nephew and know he doesn't come to see him every other weekend. He comes when he chooses.
Iamnotacat · 26-30, F
But it's not there is any proof when he comes.
suzie1960 · 61-69, F
@Iamnotacat You can give evidence to that effect. It's not absolute proof but it's something.

 
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