Magistrate says she is not biased towards mom and we are both equal. Mom is a completely confident she has a slam dunk and will get primary custody so she is doing zero preparation.So I have a chance to win this if I can argue my points according to the law. Here are the legal criteria the case will be decided upon http://codes.ohio.gov/orc/3109.04
What kind of evidence can I gather to support my case?
things you dont need to say:
get a lawyer
talk to a lawyer
you really need a lawyer
you are stupid for not using a lawyer
while that stuff is INCREDIBLY helpful I have actually heard it before|||You would have to prove her an unfit mother for primary custody to be removed from her. You'd also have to prove that your home is the more stable home. Neither of these things are likely in a normal household and that is why she is confident. The court system doesn't like to take children out of a stable home that they know and are comfortable with. You can try to prove you can provide the better life but will you be able to keep the children in the same schools, the same neighborhood and around their every day friends? Are you going to be able to find witnesses that can prove she's an unfit parent? Is she going to be able to bring witness after witness of proof she's an acceptable parent. See, it doesn't matter if she's not the best mother on earth, as long as she's stable and able than there would be no reason to change primary custody.
The reason people tell you to get an attorney is each and every area on the map have different laws. Each country has variations from area to area. What I may present to you as reasonable to remove a child from a home may not work in your area.
Lastly, I'd like you to ask yourself WHY you are so bent on taking the children out of her custody? If you think child support is too costly, realize that raising the child will cost around 4 times the amount that you'd have to pay for child support. If it is out of spite, the only ones you are really doing damage and pain too are the children and they will hate you for it. Find adults who had a parent act poorly towards their primary caregiver and ask how their relationship is with them. Fathers are often estranged from their kids in adulthood because of bad behavior in custody hearings. The law normally defines what ages a child can be heard in a custody hearing but the magistrate will almost always take into consideration what your children want! Unless you can prove she is doing things that will truly damage a child, you aren't likely to get custody no matter the case you present if you are honest.|||You need a journal log (can be electronic) citing incidents that have occurred since separation. Include dates, times, details of the situation and results. If you have bills, receipts, legal letters to back up each log entry make sure you make copies and attach them to each entry (make print out and put in folder).
This log will be a documentation effort cataloging everything that is going on between you and will as objectively as possible serve as a back up for your case in court.
Good luck!|||FB has been a incredibly handy tool for exposing people in custody battles.
Cyber surf, and you'll be surprised what people will air online, not thinking it could one day come back to haunt them.
But if you've got money a Private investigator would be better. But it's unlikely that you will get full custody unless you can prove you are the better parent and she is an unfit mother.|||Any evidence of abuse. Police records are public information. you can request copies of any time the police have been called to the home..the 911 tapes.court records..go to your police station and court house if you have nay of those concerns..
also f there is a new man in the house..what does his record look like..is there domestic violence?
the police reports may show this..
want even more.. get records of her neighbors 911 tapes in case they have ever complained of wild goings on..
if you do all that and find nothing then settle for shared custody or visitation.|||The bottom line is that you have to prove that living in your home is in the best interest of the child. So if there is nothing wrong with either home your ex has no need to prepare because if the children are currently living with her and both homes are equally good for the children then it is in the best interest of the children to keep them in the home they are currently living in.|||An Excellent Private Detective|||Ok ,.....DON'T get a lawyer!!.It won't matter any way because she is going to win!!|||hire a good p.i.|||I read a portion of what you provided with the link...it tells you what they use to consider who will get primary custody, so use that as your guide...they spell out what they are looking for to make that determination so get those things...police reports, mental health reports, wage or employment history, education history...are you affilliated with a chirch or religion, get that too....pretty much any and everything you do that supports you being a great parent would help you....I wouldnt count on her NOT doing anything to support her case for custody though...does she have an attorney? If she does, then the attorney will make sure they have what they need whether you know it or not.
Good luck...your chances are just as good as hers....but keep in mind too, that if the child is with mom now and you arent in the home...then the court (as non-bias as she claims to be) can and will choose mom simply because the child is already there and there arent any forseeable problems with that situation so....|||Unless the mom is doing something that is putting the child's safety at risk, she will get custody and you will get visitation rights. I'm sorry, I know that's really hard for some dads and I wish more dad's cared enough for their children to fight for extra time. However, history has proven that the majority of fathers that find themselves in a custody hearing dont have what it takes to properly care for and nurture a child. That is not a blanket statement by any means... I know there are good men out there. But the courts always lean in favor of the mother because genetically they are wired to emotionally, physically, (and these days, financially) support their children.|||Custody is not generally something you have to gather evidence for. Custody is generally awarded to the person who has been the child's primary caregiver. Most often, this is the mother.
However, if you can prove that the primary caregiver is unfit, you may have custody awarded to you. It's hard to prove someone unfit. You would need documented proof that she puts the children at risk. Risk is subjective, but most courts would agree that doing drugs or committing a crime in the presence of the children is a risk. Neglecting to feed and clothe them properly is a risk.
Getting a new boyfriend is NOT a risk.
I guess my question is what type of custody are you looking for and why.. Children seem to do best in a joint legal custody sitution with primary residential custody with one parent.
This arrangement provides them with the stability of coming home to the same place every day and the balance between conflicting parental views. In a joint legal custody scenario neither parent can make arbitrary decisions regarding the child's care (medical treatment, city of residence, school, etc.)
For some reason I get the feeling you want to gain full custody out of spite. You quote the legal criteria, but fail to give any indictation that you give two sh1ts about your kids.|||Where do you reside to give you a good opinion I need that info
If your in canada its a slam dunk for women. even if she has been charged for murder she could get custody yeah its that bad here
In the states women still get primary custody because they are seen 99% of the time because of the nurturing period
Get a PI and dig dig if she has anything bad affairs drugs alcohol anything Don't sweat playing fair she won't and the courts don't Your a male you are and ogre in the eyes of the court
I knew a minister ordained and practicing that only got joint custody and her third child was black and conceived during the marriage she admitted to adultery and still got joint custody
You tell me men are trash according to feminist law and the feminine Justice system
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