Forgot Password?

Custody Battle

Ellen Craine

I have a five-month-old baby and her father and I were never married but we broke up while I was pregnant. He has a felony for beating someone up and did five years in prison and failed a drug test when he was on probation. He was sent back to prison. Now he says he will use Child Protection Services (CPS) against me to get our daughter. I have an open CPS case from when my other kids, not the baby, were removed and then returned—the case will be closed soon. I wanted to know if he will get custody of our daughter because of the CPS case, and if the felony he has will play any kind of role in the custody battle. At one point I also had to call the cops on him because he lost his temper while I was pregnant. He isn't working. He, his mom, and his siblings all do drugs. I'm so confused about what is going to be looked at in a custody battle. Can you help by answering some of these questions? Thank you for your time.

I am not sure how to answer your questions other than to tell you two things: First, you need an attorney. Second, in Michigan, where I am from, there are 12 factors that the Court is supposed to look at for any custody determination. These 12 factors are based on the best interests of the child standard, which includes things like a history of domestic abuse, whether perpetrated on the child or just witnessed by the child; the substance abuse and mental health history of the parents; and yes, most likely the fact that the baby's father was in jail for beating someone up. The fact that your baby's father is using intimidation and threats tells me that he is still abusing you. In addition, they will look at the circumstance around your CPS case—why were the children removed and what led to their return to you and the subsequent closure of the case. Again, because of the complex nature of your situation, I strongly urge you to seek legal counsel, and if you cannot afford an attorney, you can either ask the Court to appoint one for you or you can contact your local legal services or the state bar for a referral to a low-cost attorney.

I hope this helps at least a little. Best of luck to you.



Shop Mothering


Discussions

     DISCUSSIONS                 JOIN NOW or SIGN IN

Ex is having a new baby, lives 400 miles from daughter posted by chambermaid, Today 08:19:43 PM
I'm the first---Had my baby posted by ilovetchotchkes, Today 08:16:24 PM
Friend's DD pooping on my child's bed, wwyd? posted by JudiAU, Today 08:14:03 PM
weekly chat june 4-10 posted by help007, Today 08:13:47 PM
Ovulation without EWCM? posted by pokeycip, Today 08:13:19 PM
||