need advice

[carlie517]

I have a friend that is wanting residential custody of his daughter. He is on federal probation. When him and his daughters mother split up she left for about a week or so and did not call or anything. The father went to work and took care of his daughter for this time, now i know this should of been the time to take her to court but he did not. when the mother came back he gave her the child and the child was living with her up until a few days ago when the father took the child because the mother was getting evicted for illegally turning on the water and electricity. The mother is on drugs and has no job. she frequently has no water or electricity. she also lives in a one bedroom dulpex that she does not pay rent at with her boyfriend who also does not have a job, and the daughter does not have a room. She sleeps on the couch most of the time. The father has a good paying job and also has a history of not paying utility bills but can provide a good home with utilities now, with a bedroom for the child. What are the chances of him winning this custody battle.

 

[Proserpina]

Is he actually the legal father of the child? Why is he on probation (yes - it matters)?

Nobody can guess which way the court will rule; it will depend on what is in the best interests of the child.

Honestly - your friend needs an attorney.

 

[carlie517]

yes he is the legal father and he is on federal probation for buying a gun from a pawn shop when they told him he could and was aproved. Come to find out he actually wasn't so the feds came after him. he already has an attorney I just dont know how good his chances are with his past. and thanks for your imput..

 

[MorgansDaddy]

There is no way to be sure what his chances are. In court, he needs to concentrate on why it is in the child's best interest to live with him, and not why it is not in her best interest that she live with the mother. If he focuses on why she shouldn't live with the mother more than why she should live with him, it could hurt his chances. So everything you said about the mother may be true, but sometimes isn't the best to bring up in court.

 

[Proserpina]

There is no way to be sure what his chances are. In court, he needs to concentrate on why it is in the child's best interest to live with him, and not why it is not in her best interest that she live with the mother. If he focuses on why she shouldn't live with the mother more than why she should live with him, it could hurt his chances. So everything you said about the mother may be true, but sometimes isn't the best to bring up in court.

This is excellent advice, particularly the bolded.

OP, if your friend was genuinely concerned that the child's living conditions were risky or dangerous he would have contacted the authorities, correct? Gotten CPS involved to investigate?

If he hadn't - he can't bring any of it up in court because the Judge is simply going to say "And yet you didn't do anything about it -why is that? You allowed your child to stay in such horrible conditions?"