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Anyone with custody battle experience ?

Posted on 5/18/18 at 4:50 pm
Posted by lsutiger4life
gonzales
Member since Sep 2005
5365 posts
Posted on 5/18/18 at 4:50 pm
Have a daughter with a young lady. Baby is 16 months old. For basically the last 2 years it’s been a roller coaster ride to try and make it work. Recently pretty much exhausted all of my options for making it work.
Every break up , every fight she has taken my daughter from me.

I wanted to marry her , But its just not working out

As a guy , who wasn’t married to her , the child does not have my last name but my name is on the birth certificate.
I have on my own paid her 800-1200$ a month since baby was born.
We never officially lived together but when we were together I pretty much lived with her even though i have my own place.
We both make about the same salary , I prob make slightly more.

How hard of a battle is it gonna be to get 50/50 custody of my little girl ?
To clarify I’ve got none of the following : criminal record , drug habit ( never done a drug ever) , alcoholic.

In talks with people i know they act like it’s a given , a consultation with a lawyer I had mixed reviews about said it would be nearly impossible.

Anyone had any experience ? Yes she’s salty and claims she will fight me tooth and nail , drag me to court constantly , etc ... based on what grounds ? No clue but she likes to throw out threats ....
Posted by PolyPusher86
St. George
Member since Jun 2010
3357 posts
Posted on 5/18/18 at 4:51 pm to
You’re a guy in the State of Louisiana, good luck man
Posted by DustyDinkleman
Here
Member since Feb 2012
18176 posts
Posted on 5/18/18 at 4:53 pm to
quote:

Anyone had any experience ? Yes she’s salty and claims she will fight me tooth and nail , drag me to court constantly , etc ... based on what grounds ? No clue but she likes to throw out threats ....




Only thing to do is make nice and hope she doesn't ream you as bad.
Posted by RunningBlake
Member since Aug 2011
4105 posts
Posted on 5/18/18 at 4:55 pm to
In arky, I think you could get 50/50 custody. Don't know la though

First thing I do is make sure your kid has your last name.

She sounds like garbage, so you'll have full custody in a few years
Posted by Bert Macklin FBI
Quantico
Member since May 2013
8898 posts
Posted on 5/18/18 at 4:56 pm to
Plant drugs in her car and call the cops.
Posted by SECdragonmaster
Order of the Dragons
Member since Dec 2013
16173 posts
Posted on 5/18/18 at 4:58 pm to
It’s gonna be up to the mood of the judge.

1. Get a good attorney.
2. Collect all the damning evidence against her that you can.
3. Don’t promise her anything verbally or in writing.
4. Get a vasectomy so this does not happen again.
Posted by el Gaucho
He/They
Member since Dec 2010
52910 posts
Posted on 5/18/18 at 5:00 pm to
How do you know it’s yours

How can y’all have a kid if you weren’t married?
This post was edited on 5/18/18 at 5:05 pm
Posted by fr33manator
Baton Rouge
Member since Oct 2010
123918 posts
Posted on 5/18/18 at 5:00 pm to
quote:

Yes she’s salty and claims she will fight me tooth and nail , drag me to court constantly , etc ... based on what grounds ? No clue but she likes to throw out threats ....



You’ve got an uphill battle on a mountain of butter.


Kid doesn’t have your last name and she never officially lived with you.

All i can say is good luck
Posted by Mordecai225
Member since Mar 2017
137 posts
Posted on 5/18/18 at 5:02 pm to
Depends on how far the distance is between you two. Unless you’re on drugs or you’re just an bum you’ll get 50/50 custody easily. I just went through it and didn’t even have to go to trial. Judge gave me 50/50 no questions asked
Posted by bott18240
Baton Rouge
Member since Jun 2009
559 posts
Posted on 5/18/18 at 5:04 pm to
Well congrats on the sex at least!
Posted by lsufan112001
sportsmans paradise
Member since Oct 2006
10691 posts
Posted on 5/18/18 at 5:04 pm to
Being unmarried ?
Posted by Tiger Prawn
Member since Dec 2016
21855 posts
Posted on 5/18/18 at 5:15 pm to
Remember that social media can be your best friend or worst enemy. Be careful what you post, and screenshot things that she posts that can be useful to you in court.

Unless you can prove she's got a drug or drinking problem, is an unfit mother, or has a living situation that isn't safe for the baby...then 50-50 is a longshot. More likely you'd get every other weekend and alternating holidays or stuff like that.
Posted by Will Cover
St. Louis, MO
Member since Mar 2007
38511 posts
Posted on 5/18/18 at 5:15 pm to
A friend of mine, who lives in the state of Texas had a child with his second wife. The marriage lasted less than a year.

She moved out of state. He has to pay her $1K per month for child support and is still on the hook for the house payment that neither of them live in until the divorce finalizes.

She is seeking half of the equity in the house they bought together (once he is able to list it for sale), along with any interest he made in his retirement accounts while they were married. She also wants half of the equity from his first house. Yes, his first house prior to their marriage.

And here's the kicker. He has to fly and/or drive from Texas to Mississippi in order to see his child. It is 100 % his obligation (she doesn't have to leave the state to even meet him half way) and his only option is to stay in a hotel when visiting his daughter, because he literally spends 2 days total out of an extended weekend traveling. Lastly, he must give 21 days notice to his soon-to-be ex-wife before he can request a visit with her.

I asked him, "what did your attorney do for you?" Because he's paid over $20K thus far for the right to "have all of this."

Good luck.
This post was edited on 5/18/18 at 5:16 pm
Posted by BrownEyedSquirrels
Baton Rouge
Member since Apr 2018
113 posts
Posted on 5/18/18 at 5:19 pm to
It really depends on your judge.

1. Retain a good attorney immediately
2. Stay (or attempt to, I have a feeling she’ll try to block you) in your daughter’s life
3. Document everything and save all communications (this includes her recent threats).

Good luck.
Posted by Evil Little Thing
Member since Jul 2013
11214 posts
Posted on 5/18/18 at 5:30 pm to
quote:

Depends on how far the distance is between you two. Unless you’re on drugs or you’re just an bum you’ll get 50/50 custody easily. I just went through it and didn’t even have to go to trial. Judge gave me 50/50 no questions asked


This was my SO’s experience, as well. His ex wife tried to block 50/50, but she had no reason. He had to pay a great lawyer a lot of money and go to court several times, but the judge sided with him & transitioned to 50/50 over the course of a few months.

His child was a lot older at the time (8). I’m not sure how much of a difference it makes with a toddler. Good luck, and don’t stop fighting.
Posted by Monsieur le Duc
Château de Chantilly
Member since Aug 2014
673 posts
Posted on 5/18/18 at 5:35 pm to
Here's an idea: hire a lawyer instead of asking a bunch of dipshits on the internet.

If you're the first one to lawyer up, you're already ahead of the 8-ball baw.
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 5/18/18 at 5:38 pm to
Man, if that kid had your last name, you were married, had conclusive DNA evidence, and had proof that the mother's only source of income was giving blowjobs for crack, you'd have an uphill battle in this state because you have a dick.

Let make sure not to sugar coat this at all. It's going to be expensive and if she wants to fight, your chances can be pretty slim if you have a dick in family court in the State of Louisiana. Why would the attorney tell you as much if he thought there was a decent chance? They're not in the business of convincing people not to use their services.

If the kid were older maybe you'd have a better shot and if you were married and in the child's life and going through a divorce you'd have slightly more of a chance, but you're talking about trying to get 50/50 custody of a toddler whose mother you're not even married to.

I'm just an a-hole on the internet, though. By all means get a second and third opinion from family law attorneys. Find some that specialize or have some real experience in custody cases, NOT just attorneys that handle divorce cases. After you speak to a couple more of them instead of us assholes, you'll know way better what your realistic chances are.

I hope for the best man, that's a shite sandwich you're eating right now.
This post was edited on 5/18/18 at 5:58 pm
Posted by Evil Little Thing
Member since Jul 2013
11214 posts
Posted on 5/18/18 at 5:39 pm to
quote:

Unless you can prove she's got a drug or drinking problem, is an unfit mother, or has a living situation that isn't safe for the baby...then 50-50 is a longshot. More likely you'd get every other weekend and alternating holidays or stuff like that.


Why? I ask this because I genuinely don’t know. Is it because his kid is young? My SO didn’t have to trash his ex to get 50/50, even though she opposed it.
Posted by Tactical Insertion
Member since Feb 2011
3205 posts
Posted on 5/18/18 at 5:39 pm to
And this is why I saved myself for marriage
Posted by TH03
Mogadishu
Member since Dec 2008
171035 posts
Posted on 5/18/18 at 5:41 pm to
Jesus. I'd kill myself.
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