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Relationships

WHAT HAPPENS WHEN YOU APPLY FOR CUSTODY?

2 replies

milkmonster · 22/02/2008 00:14

I'm on an another thread from Christmas just gone but I can't find it.

I'm not married to the baby's dad, but (it's a long story I won't go into here) I'm almost there - very close to moving back to my family's town for support, looking at rented houses there, but now the baby's dad is saying if I move back to my family, he will apply for custody of our only child.

He has been violent, has not worked for 20 years, his home isn not habitable (he's a hoarder and lives in one of those clutter houses you see on the TV programmes)and his hown family do not speak to him, so everyone tells me there is no chance he will gain custody, but I read about this happening in the most unlikely circustances.

I just wanted to know,

What happens when you instruct a solicitor to apply for sole custody.

Can it be done on legal aid?

Will your own past be raked up and any skeletons go against you - is it like an inquisition? (I have lived at over 40 addresses so baby's dad said that will show I can't offer a stable home).

I may move 200 miles away from him, will the court allow him to take baby back with him for weekend access or similar?

etc

Thankyou so much

OP posts:
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Flllightattendant · 22/02/2008 07:20

Does he have Parental Responsibility? (PR) If so, he is in a stronger position as the court could prevent you moving too far away from him
It is unlikely he will get custody ime, but I am not a pro here...I just very much doubt it will happen.
I think you would be wise to get some support, in terms of his past behaviour - did you ever report his violence? If not, do it now. Womensaid will be able to advise you, they have a website.
Basically I think you just need to get as much professional support around you as you can, and keep a record of everything that might help with your case should he bother to go through with it - tbh he doesn't sound like he would be organised or motivated enough to actual;ly do it.
I believe the courts would allow a father to take a child 200 miles away for weekends, but if he is the type of person you describe, he doesn't sound like he would seriously be up for that. He sounds utterly selfish.
Wishing you luck whatever happens.

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Flllightattendant · 22/02/2008 07:21

...sorry, I remember you MM!
Well done for taking these steps, you are doing really well. Keep going.

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