General Question

Lee_27's avatar

Does anyone know the circumstances that would prevent a mom from getting full custody of kids?

Asked by Lee_27 (348points) April 5th, 2008 from iPhone
Observing members: 0 Composing members: 0

9 Answers

amandaafoote's avatar

I think if she would be unable to care for you, and if there are proven times that she was a “bad mother” that would be a prevention.

Captain_Tetanus's avatar

My step-sister tried to get full custody. She was a good mom and all but she didn’t get it. I think it was mainly because they were in the southern bible belt where men’s rights are considered more important than women’s. Also because it was a son.

So despite the fact that the man kidnapped the baby, putting him in the floor and speeding away with my sister clinging to the outide of the car. He went on the interstate and only stopped when police blockaded. No kidding, back in 1991 or so the story was in a tabloid. Despite his physical and mental abuse and infidelity. Despite the fact that this man was a redneck who acted like a big child, and despite the car chase, he still got partial custody.

Lee_27's avatar

thats really reassuring since I’m in the bible belt and all

Captain_Tetanus's avatar

oh no, which state?

Lee_27's avatar

Oklahoma one of the worst ones

Captain_Tetanus's avatar

I think their custody battle was in Georgia. I hope Oklahoma is more enlightened. Good luck.

hearkat's avatar

While we were separated, my alcoholic ex attempted suicide, which allowed me to have all his rights revoked. prior to that, I had hoped he’d try to straighten his life out, so I hadn’t pushed for sole custody. Good luck to you.

judochop's avatar

I am going through a custody battle right now! I wish I had seen this question earlier.
The fact of the matter is that you will not get sole custody (as far as time goes) unless the father is a complete dolt. Now in your eyes he maybe and is infact a complete dolt but in the courts eyes they may see him fit to have visitation and days beyond the saturday and sunday, every other weekend thing.
Why do you want sole custody? Does he not want to see his children?
Are you two keeping the childs best intrest at heart or are you two bashing eachother with emotions?
The best thing for a child who will have to live through our mistakes is to have them spend equal time with both parents.
I hope and pray for the best for you.

Mangus's avatar

My experience is/was in Oregon. Here, if the divorcing parents can’t agree voluntarily, the state hands down a parenting plan that divides the time 70/30, (which comes out to every-other-weekend, plus extra times during school vacation time), with the “residential parent” getting the 70%. “Residential parent” is the one who didn’t move out. Residential parent also gets legal custody (decision making power, remember, custody and parenting time can be different).

This is all assuming no criminal behavior, ie. abuse. If there’s no criminal behavior, and the parents can’t agree, then there is no arguing for more or less time, you just get the default plan. Again, all Oregon-specific info.

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