Can my child's father gain 50% custody?

Question

I have been the sole custodial parent of our 5-year-old child for the past 4 years. We are just now legally divorcing. He has child support arrears (never paid a dime) and I am a good parent. Based on that, might the judge grant him 50%? Apart, his immigration status is in limbo and he might get deported. I hope the judge considers but not sure whether he/she will.

Answer 1

The fact that he is in arrears in his child support and faces the possibility of deportation will not help his chances, that's for sure.

Answer 2

That really depends on what state you live in. Some states, including the one I live in, do not provide for joint custody. Therefore, only one parent will be granted custody of a child. It would seem that, in your instance, even if joint custody were a possibility, that the judge would have to consider that the father has paid no child support and his status could be revoked. That would mean a flight risk for the child. I don't think a judge would want to risk their career on a stupid move like giving him partial custody. I could be wrong though.

Answer 3

Do you have a good lawyer?  By good, I don't mean how he / she is rated.  Those ratings come from other lawyers, mostly ones he / she has faced in court.  Do research on potential lawyers based on the success compared to what you want.

Have a game plan.  Write out notes before you go to court or have a meeting with your lawyer.  Think ahead and try to anticipate question or problems there might be in court.  If your lawyer doesn't know what you want, you may end up with something you don't want.  Try to give him / her a list of what you will and will not agree to.

Insist on where your child goes to school specifically.  That would eliminate your ex- taking the child out of the immediate area.

I would be very leery of agreeing to the child even going out of the county for a visit, as then the court would have limited jurisdiction in making the father bring the child back.

I am not an expert, but empathize.  Good luck.

Answer 4

In this case, it is not likely. Anything can happen in court though, so have all your info ready for a fight.

Answer 5

Sounds like this guy stands more of a chance ending up in jail, than he does getting any form of custody.  

Although, I am confused.  You say you have had sole custody for four years, but you're not yet divorced?  Do you mean that you've been taking care of your child for four years on your own?  Because, that's different than having a court order for Custody and Child Support.  Legally, if you do not have a support order, he is not legally considered in arrears.  Morally and ethically he has a responsibility to provide support to your child, but until a Judge determines custody and support arrangements, he does not have a legal responsibility to provide these things.  

Get yourself a good Family Law attorney.  Do not go into this thing without one.  Law is a 'good ole boys' club, where the attorney with the best connections wins.  If you don't have an attorney, Heaven knows how this will turn out.  Be sure you specifically ask for sole custody, and present the evidence why it should be granted.      

Good Luck.