Please answer. Can I gain custody of my child if my ex keeps getting evictions?

Question

My ex has been in Tennessee since May 2006 and has been evicted 3 times. There is no order in place of who has custody we are going through the divorce now. I can prove that I can provide a stable home for our daughter. I have all three eviction notices from all her landlords, as well as, the rents owed and damages to one of the properties in the amount of $6,850.00. I also have 7 police reports from her now live in boyfriend which shows past Domestic Violence with his ex-wife, Multiple DUI's, Possession of Drug Paraphernalia, Public Intoxication, Possession of Sch VI. Is this enough to get custody? I already have an attorney. My ex has not let me speak to my daughter in two weeks and I have know idea where they are moving now since she has been evicted again.

Answer 1

If neither of you formally has custody, once your daughter is with you again, you have no legal responsibility to return her.

Answer 2

I would work closely with your attorney, providing him/her with all documentation you have regarding the safety of your child.

If there has not been a formal, court approved parenting plan put in place, your attorney should move for one as soon as possible. Any verbal agreement between you and your partner may not be legally binding (for example- if you both agreed not to transport your daughter out of the state, but it was a verbal agreement, you might not be able to stop your wife if she crosses state lines).

In our culture it can be very difficult for a man to gain full custody of his children, but it can be done. Your extensive documentation will help you.

You can also request through juvenile court that a CASA advocate become involved. CASA (Court Appointed Special Advocates) are highly trained volunteers who advocate only for the child's best interests, not either parent or the court. They can provide additional documentation and can visit the home(s) the child is living in and speak directly to the child. You can visit CASA's website (http://www.nationalcasa.org/ ) to find a program closest to the county your divorce is filed in.

The process may take longer than you like, but patience is key in custody issues. You might begin to seek counseling options for your daughter to help her work through the experience she is currently in. Regardless of her mother's behavior, your behavior, or anything anyone says to her, divorce is very difficult for a child. She loves both of you and can easily feel caught in the middle. When you do regain contact with her, please be aware of the way you speak about her mother. Your attitude can make this process easier or more difficult for her.

Answer 3

Eviction alone would be "iffy", since it does not alone prove that mom is not caring and beneficial for the child.  It could be argued that she has little job skills but has family to back her up.

The rest of what you say, together, is far more of an issue and shows harm. Even if you are just going into the divorce.. there should be means for an immediate (temporary) custody ruling. AND she is apparently limiting your access, which I personally would be afraid of her running.  

Answer 4

Normally it's very hard for a father to get custody rather than the mother. In your case it seems as if you have more than enough proof that you are the competent parent. Just make sure you DOCUMENT everything, including that you have not been allowed to speak to your child. Unfortunately these things can take quite a while to be resolved. Just make sure you are doing everything in your child's best interest, that will go a long way in the court. Also, it's a good idea to make a list of all the things you want in this case, such as, legal physical custody of your daughter, times when you want the other parent to visit, holiday schedules, and any daycare responsibilities. Knowing what you want before going to court can help speed up the process.

Answer 5

Sounds like a pretty good argument.  Keep on this.  Don't let her fall off the radar with your child.

Answer 6

You will need to get a good family law attorney as quick as possible because denying you contact with your children is against the law in any state.  You need to sue for physical custody in your divorce.  Here in the State of Utah child custard is usually worked out with a meditater.  The police reports will  carry more weight than the eviction orders.  Have you or anyone else made reports to Child Protective Services?  If not do so if you have cause to believe that your child is at risk.  

Answer 7

Have your attorney make a motion for a temporary order of custody.  This will take effect upon entery by the court and will last the duration of the divorce proceedings.

Answer 8

You've got enough documentation to have her declared an unfit parent and obtain full custody. Be aware, that your daughter may have to spend some time in a foster home.

Answer 9

You really need to get a lawyer and hand him or her all of your info.

Edit: Nevermind, you have one, and yes, you will probably get custody.  And make sure any visitation she gets is supervised visitation, because you don't need the deadbeat boyfriend hurting your child.