You may also want to verify whether there have been any further incidents of domestic violence in her home, which would certainly count against her re-obtaining custody. Pick your battles wisely. Although not a legal requirement in Arkansas, it is an expected standard. Your child should have her own room. Psychiatric problems can be influential in a custody determination.
A parent's failure to make reasonable efforts and progress within the specifed time frame is a ground of unfitness. My girlfriend and I had a child. What are my chances of getting custody of our child.? The best interest of the child is the determining factor. If your ex has emotional or psychiatric problems, you will want to document this fully and present it to your attorney and the judge. A The conditions which led to the removal still exist; B There is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the parent in the near future; and C The continuation of the parent-child relationship greatly diminishes the child's prospects for early integration into a stable and permanent home My ex was having an affair; will that help me get custody? The longer you have the children in your custody, the worse her chances are. However, if you have kept an active role in parenting the children, caring for their needs, attending medical appointments, attending school functions and PTA meetings, then the Courts will look at the history and may determine that joint or even full custody should be awarded to you. That the child is not doing well in school and it would appear that the environment with the current parent may be partially at fault; 5. That the relocation of the child to the home of the non-custodial parent will not result in the child having to change schools and friends; 4. That the child is doing well in the current school. My ex is trying to alienate our child from me; will that help me get custody? If a substantial amount of time has passed with no legal separation or custody order in effect, it is likely that the prevailing arrangements — whatever they may be — will be used by the court as the basis for determining custody. The longer the child has been in your care, the better the chances that you would be awarded custody. However, most fathers can provide their children with the same care, affection and parental guidance that a mother can. Mothers often provide primary care for their children and are often involved in the day to day responsibilities of raising and nurturing their children. The law no longer favors one parent over the other. The disability will be one of the factors considered by the judge when awarding custody. Failure to visit, provide support, or incarceration are other examples of grounds for being found unfit. More and more, the courts are adopting this mentality and favoring frequent and continuing contact with both parents as the best arrangement for the child. That the non-custodial parent is able to provide a good, well-thought-out parenting plan to the court and any professional who may be called in; 9. There is clearly a bias in family courts in favor of mothers, not fathers, so it is much harder for a non-custodial father to get custody or primary care; 6. A restraining order that prevents the children from leaving the state should be considered seriously. Your best bet is to document everything as fully as you can. If you find out that your ex-spouse is planning to move, contact an attorney at once. He is under much stress at his or her house.
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