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Child Custody, Parental Rights, Do The Right Thing
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My divorce is almost final (her decision), but I'm having serious issues with the realization that I'm losing my 4 month old daughter (i realize i'm not really losing her, but that's what it feels like). Anytime i voice my desire to seek custody the stbx tells me that she can't believe i would be that selfish - the stbx has 3 other kids, wants to raise my daughter with them (along with the ex husband she wants to go back to), and even gave MY daughter HIS last name - this has been corrected in court). I don't think I can get sole custody (my lawyer said i'd have to prove she is unfit - she is completely irrational and depraved, but unfit would be hard to prove), but I seriously want to seek joint custody - 50/50. I'm meeting with my lawyer tomorrow and will bring up my desire - i've already said i would accept the standard Texas child custody, but i'm debating bringing up everything i know about her ex (cheating, abusive, molestation) to show that her decision to go back to the ex would hurt my daughter. i just don't know what to do - i want to do what's best for my daughter - but even though the stbx tells me she'd be better off with her, i just don't believe it. advice?
Posted on 02/28/08, 09:02 pm
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Reply #1 - 02/29/08  11:29am
" first, sorry to hear.
it is your God given gift and right as a dad to seek at least half custody. if you're unfit, then you have a problem.
saying the ex was those things isn't going to do any good unless he himself harms your daughter then you'll have claim to seek anything more.
be ready for a big battle and you keep doing what's best for the girl and then you'll see your way through.
I've however, also seen things turn unfair if the woman tries to bait you in any way. Avoid her at all costs except in discussions about the child. SHE is the one being SELFISH to keep your daughter from you technically. you should be thankful to be rid of her but again, keep your FOCUS on the child and what's best for the child. If you're a good dad, then the courts should want to grant things to go favorably for the best interest of the child.
the other thing to point out is, with the other three children, does your daughter fair better in that environment in the eyes of the courts all the while depriving you of your rights as father? Make certain your atty. REALLY knows about family law, or seek other counsel ASAP. "
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Reply #2 - 03/03/08  10:54pm
" You deserve 50% time with your daughter I don't care what the circumstances of your divorce are. She deserves her father as well. "
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Reply #3 - 03/03/08  11:11pm
" Absolutely, your little girl deserves to have her daddy. I don't know what the laws are like in TX, but I imagine they encourage the child to have strong relationships with both parents.

My advice, though, is patience. My divorce has been long and somewhat dramatic. Since we split it always felt like whatever it was at the moment, was going to be forever.

But it always changed. Once this sunk in, I gave my ex time to live out the consequences of her demands, to calm down emotionally a bit, and I stayed as absolutely consistent as I could.

Your ex's situation does not, frankly, sound like a storybook ending -- it sounds more like a recipe for chaos and major drama. If you let the situation play out, stay consistent in expressing your desire for 50-50, but not push it in court or air dirty laundry, it may well come out in your favor, with you looking like a good guy to your ex, before too many months.

If you fight your ex hard, she may just dig in her heels. If you give her rope, sounds like she'll get herself tangled up and be grudgingly grateful you're there for your daughter.

My 2 cents. Good luck, my friend, in whichever course you take with this! Keep loving your baby girl no matter what. :) "
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Reply #4 - 03/04/08  8:16am
" I agree with everyone here, especially soberdad. I know that every experience is different, but my experience is that often times these things tend to work themselves out. The more I fight for something with my ex, the more combative she becomes because she feels threatened and assumes I'm trying to screw her. Often times I express my desire for something reasonable but don't fight for anything extreme. So much has worked itself out in my situation.
I have my kids more than 50% of the time now. "
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Reply #5 - 05/14/08  6:57am
" Go for it!!!! If you really believe that your daughter is better off with you then go for it!!

You would be doing the wrong thing if you left your daughter in danger.

As her father you deserve to see your daughter and be with her. Your little girl deserves her REAL Dad.

Good Luck with your case and please let us know how it goes.

Lots of love Gillianne xxx "
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Reply #6 - 05/18/08  1:22pm
" You need to go for it and I would say something about her x because you dont want your child with someone like that. "
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