I need some help on what my chances are for winning a sole custody battle. I have been the primary caregiver for my child single birth me and her father tried to work things out but didnt work cause he was always verbally abusive towards not only me but his mother which whom he lives with. After our broke up 7months ago we had agreed to joint custody with her primary living with me and acess to him on alternating weekends. Now he is trying to get sole custody under the fact that im a druggie which C.A.s did a drug test which was negative.. He is also trying to get it under the fact i cant care for her because his parents always feed her and bath her when i was at their house with them.. but that was cause his parent wouldnt let me do anything which was one of the reason why i left in the first place cause i wasnt allowed to parent my child.. Can someone tell me what my chances are that he would win against me.. Also the father has a history of drug use and is an alocholic who ditched his daughter to his parents to drink
Im not sure all the circumstances surrounding the whole situation or even what state you live in but where i am from i am trying to get sole custody and our lawyer told me that usually if a couple was never married the courts assume sole custody with the mother. That is saying you are not an unfit mother which doesnt seem that way... our lawyer said that joint custody is usually only put forth for couples going through divorce.
I am currently dealing with a similar situation. My story goes a little further with assult charges and failing to comply thereafter. However, the advice I had been given which may help you is, you should go to court prepared with anything you can tell your lawyer ot duty counsel about why is would be unfit as a father. Abuse (towards you or anyone else), if he is a flight risk, if he threatens, his previous drug use, unpredictable tempers and so on. You will also have to explain why it is not possible to have joint custody. Prime example, you did have joint custody but there is too much animosity to have civilized communication to attempt to co-parent. and if you did accept the joint custody agreement, you could request that have joint custody with the final decision making regarding the child is yours. Hope this kinda helps