Is he automatically going to get custody

Question

We are breaking up and we have a child. He says that he's going to file for fulll custody of our 3 year old. He also says that the judge will grant him custody because he makes more money than me and he lives in a good neighborhood. I am terrified of losing my son and I am willing to do anything it takes to take care of him. Is this true, is he gonna get custody because of these things?

Answer 1

As the other contributor said, of course not. The only thing that money has to with custody is in the determination of how much the parent with more money will have to pay in terms of child support.

Answer 2

Absolutely not. For either of you to be denied a share of custody, the court would have to find that person unfit to be a parent. Usually that comes from criminal, drug, mental illness or other such problems.

Answer 3

He needs to prove you unfit to take custody from you.  A judge just doesn't award custody because the other person can provide a better home.  That is where his child support comes in play for you!!!

Answer 4

Most courts are liberal. They do not represent what is the "best interests of the child." They say they do, but go to Family Court, listen to cases and you will S**t too.

In your case, because he makes more money means that he will prob have to pay you child support.  

Unless there is serious criminal abuse against child w/ a parent, or a problem with drugs, (other criminal etc), you will likely get 50/50 custody if you ask for it.

You will end up on mediation, and the mediation will decide. The Judge will likely rule what the mediator says.

Consult with an attorney, but don't waste too much of your money on them.

Get an attorney who has 20+ years of family law experience.

Google your state, "(may state) bar organization" and search for legal specialist in your area.

Good luck - The nightmare is only beginning.

Answer 5

the judge will take all into account, but will make his decision on whats in the best interests of the child

Answer 6

No.

Get a lawyer.

Answer 7

If he can't prove you to be an unfit mother, he won't get full custody.  

Answer 8

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I don't wanna live, but i'm too scared to die?

I hate living. Life pretty much sucks right now. I hate waking up in the morning. I have tried therapy and they never work out. Don't wanna try medicine, they turn people into zombies. My brain, my mind, my soul, andmy body are tired of this world so, I wanna commit suicide, but i'm way to scared to. I've been sarching the internet on ways to die, but all I keep getting is help hotlines....which I am NOT interested in. What do I do? Anyone know any legit sites that help you commit suicide w/o pain? I tried the Hemlock Society's page, but they want you to call and peak to someone...i think it's a trick, so I haven't tried yet....please help.

    * 2 weeks ago

    * (Tiebreaker)

whoa if u go around the net asking questions like that then its possible that you ex would be able to prove that you are unfit and stable.

i accept that u are trying to be open, honest and genuinley seek help but when you are about to enter family proceedings the issue of you wanting to commit suicide does not help the situation in any way.

if you have personal problems you should seek immediate , private and professional help,

in family proceedings any and every thing can be used against you

Answer 9

nope.  it all depends who can give the child a better environment to grow up in.  The money is a non-issue because both of you are going to have to pay child support.  The one thing he has going for him, if its true is the neighborhood, but thats just one factor.  I am betting he will grant joint custody and he will wind up staying with both of you..../

Answer 10

OH MY GOD GIRL, YOU ARE WAY OFF! Unfortunately I have loads of experience.  I have been doing this whole lovely custody thing for almost 6 years. #1 money does matter, but the amount is nothing.  If you have a stable job and make income to support your child, you have every right as he does to raise your child.  #2 living in a great neigborhood isn't on the courts top priorities!!!!!  As long as you have a decent place to house your child(home or apartment with a room for the child)  have a steady income, you yourself have a pretty decent tract record, and financially and physically are able to provide for your child, you have just as much right to have your child in your life too!  The only thing that will restrict you is living in the same school district, which you don't have to worry about right now because the child is three.  But when it comes time to go to school, you have to live in the same school district.  Then you can do the week with you, week with him thing.  But you can do that now because of the age factor.  And do your research, there are differences between physical and legal custody.  Unless you're living in the slums, are a crack addict stealing to support your addiction and have a record for it, sleep all day because you are a prositute by night, living in an efficiency above a bar, your kid is starving because you spend all of your money on drugs---you will be okay!  DON'T LET HIM THREATEN YOU! THAT'S WHAT HE'S DOING TO MAKE IT EASY FOR HIM!  Children are ALWAYS WORTH THE FIGHT! Just remember, that it is very costly and it isn't over in one court date or a couple of months!  It will be everlasting!  Because any chance he gets he will try to mudsling you in court and use that against you.  I am not saying you can't make any mistakes as a parent, but when you threaten the welfare of the child(from having the child out with you till 12pm all of the time -starving the kid) he does have the right to question your parenting skills in court.  It sounds like to me like this is going to be an ugly break and emotions and everything else will be used in this custody battle.  But the courts don't care what color you are, if you have relatives that have been to jail, who you are dating and etc.  They're main concern is the welfare of the child.  Don't forget, most judges are judges for a reason, they are good at their jobs, and they can smell bullsh*t a mile away. They also see the lies very clearly. They also know how to sift through the facts that pertain to the custody situation and the personal c**p that doesn't matter.  Keep strong and keep the faith, he is using scare tactics now and as much as it will be hard to face him through all this, your child is worth it and don't forget who and what you are fighting for!!!  

Answer 11

Almost all courts in the US use the "best interests of the child" standard to determine custody.  They take several factors intop account. So, no he would not automatically be awarded custody for these reasons.