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Noncustodial father files for custody after two years of difficulty seeing his young son

Your Question:
Hi, I liked your website because you are doing a great favor by helping people with your experience.

My wife of 2 years left me suddenly with my only son of 1 yr age then (now 3) and established residency in another state. I left no stone unturned to communicate with her as no serious issues exist between us so as to make us unfit for this marriage. She remained very elusive as always. I didnt see my child in 2 years except once. Finally I decided to get court help to obtain visitation time to which she responded by filing for divorce against me. Court has been helpful and has arranged for visitation time with my son on graduated basis. She has a consistent history of fleeing and disappearing with son and then returning back to my home at my reassurance but not this time. I feel my son is at high risk of getting abducted ( may be overseas) as he has already been to another state.

My son is not living with her in below standard living conditions. She is unstable in every regards ie: socially, economically, moodwise, and mentally (most probably which will be confirmed by pshyciatrist).

As compared to her I am pretty stable every wise. My son is considerably attached to me even being apart for so long.I believe that it is in the best interest of my son to live with me in sole custody and his mother will have every right and access to see her son as she pleases. I will never obstruct her visitation but she may as she has repeatedly done in past. And he will have most stable home and school environment with me which will go a long way in his education.

What should I do to maximize my chances of getting child custody ? We are going to trial for this. Any other relevant tips will be highly appreciated. Thanks.

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My Answer:

Most of all, you need strong evidence to demonstrate what you're alleging. Else, you have no case. If you have solid evidence that is admissible in court, which proves everything you've outlined, you're probably heading in a good direction.

In addition, for you to even have a shot at securing primary custody of your son, you should seek to have custody evaluations done (including psychological testing), and you should retain a family law attorney who has at least 10 years of experience in the county where the divorce has been filed.

It would be helpful for your experienced attorney to depose the mother. If she says crazy things and shows clear intent to keep you away from the child, your case is half made right there.

It wouldn't hurt to look at my book reviews and find one or two at a library or buy them online. The more you know about how child custody works, the better for you.

This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.

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