I have a 13 yr old daughter and her dad keeps threating to take me to court and take her from me.

Question

She has a learning disability. She is in special ed classes. What does he have to do or prove that the court will give him custody?

Answer 1

even if he does take you to court, the court will most likely side with you. The court usually gives custody to the mother if the mother is providing correctly. I don't think u have anything to worry about, but if it helps, then go to talk to a lawyer. Maybe they can help! Good luck!

Answer 2

he would have to prove that you are not a good parent,and that you cant take care of your child. I'm 13, and even though i don't have a learning disability , my parents just went through this. my dad got full custody.

Answer 3

What do you do that makes him threaten to take you to court.  He would probably need to prove that you are abusive or neglectful to take her completely away from you.  I would contact a family law attorney to see what they say.  Good luck

Answer 4

He would have to prove that it is in your daughter's best interests to live with him instead of you.  If you have been the primary caretaker for this long, I think he would have to show some serious mistreatment on your part to win sole physical custody.  He might have to show that you are neglecting her by not providing her with the proper care that she needs -- if you are negelcting her schooling or medical care -- or that you are endangering her by bringing the wrong people in the home (boyfriends, etc)., or not supervising her, etc.

If I were you I would consult a family law attorney in your jurisdiction for advice on how these cases usually go . .. .

Answer 5

He would have to prove your parenting flaws if you have any to stand a good chance of getting custody over her.  

Answer 6

Sounds like a guy that thinks he won't have to pay child support if he has custody. I don't think he has her best interest at heart.

Answer 7

It is EXTREMEY rare for the court to grant full custody to the father, unless the mother is very irresponsible or an addict of some sort or abusive. If you are none of those things, then seriously, don't worry about it. Right now he can't prove anything because you haven't gone to court yet (I assume). But when you do, he will have to try to prove that you are, in some way, an unfit mother or a dangerous environment for the child. It sounds like he's just bluffing to get your attention. It'd obviously working. I wish you and your daughter the best of luck.