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Should I go for full custody of my child?

My ex-wife, though we are not divorced yet even though she moved out and long story short tried to take me to the cleaners and steal our daughter away from me, is using our daughter as a tool against me. Though this is nothing new, she has always used our daughter as threat, as a weapon, and method of control.
But when she left she got a really shitty lawyer that even she didn't like, lucky for me. I was about to convince her to put our daughter first, I bought her a house and amongst everything else my lawyer advised me against, I give her money every month.
I did this because lawyers are insanely expensive and figured it was better to give money to her than a lawyer.

But in the two years since she left I have continually tried to work out a schedule that gives us equal time with the child and she constantly complains that I am trying to take more time while she insists on a schedule that gives her more time.
When ever I bring up the issue she gets cold and says "You need to get a judge to decide" rather than just working it out like rational people. Did I mention that one of the reasons she left me was because god gave her a hug and held her hand and indicated she should not stay with me? That's the rational I am dealing with.

So as much as I hate the idea of getting a lawyer again and paying thousands of dollars to do the rational thing, I am thinking to just take it a step further.
As much as I want my daughter to have equal time with both parents, while I take her to the park and zoos and museums and the pool and amusement parks and girl scouts and school activities and library events and pretty much anything to broaden her horizons, Her mother takes her to church and leaves her to watch YouTube as she either sleeps or prays. I'm not saying that is all she does but that is the bulk of it. I am constantly forcing my will as an advocate to my daughter while her mother seems to use denying these activities to our daughter as a way to get control.
I want what's best for my daughter and I don't want to take her away or have her spend less time with her mother but I want control over my daughters activities that will never fall within a tidy schedule.
Simple things like sighing her up for girl scouts or gymnastics or events at the school or library that I want her to attend are clarified as my time even though I encourage her mother to take her.

Am I wrong to want control so that my daughter doesn't miss out? Would being given full custody even give me that control? Is it worth the fight or should I just hope the time she is with me is enough to make her well rounded.

It is maddening to me watching the summer days go by knowing that on the days she is with her mother she is most likely sitting inside watching tv or youtube or being taken to chuch since her mother goes 5-6 times a week for hours at a time leaving our daughter watch her ipad there unless she finds a friend to play with. I take her to the pool or the park or leave her to play with friends when she is with me, that is when I am not taking her to some event or program or other activity.

I know others have been through this so I am asking for your 2 cents.

ThomasLevi 6 July 3
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34 comments (26 - 34)

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2

How old is your daughter and what does she want? I started as a weekend only dad and the kids eventually (quickly actually) extended that to Thursday night to Monday morning. Both moved in with me full time as soon as they were old enough for after school jobs (I lived in a town with work within walking distancess, she lived in the boonies)Which they wanted.Ifyou daughter is over 12, I'd wager any Court decision would depend on what she wanted, safety etc., being equal. Twothings to remember -neither of you can win by forcing her to do what she doesn't want to andas nice as parks/zoos etc. are you'regoing to end up doing a lot fo at home parenting. Finally, never bad mouth her mother in front of her. Ever.

1

Dude. Get a grip. No court is going to grant full custody based on what you have written here. The kid needs both parents. She is feeling attacked hence the "get a judge" comments. The kid needs downtime. My son comes home from his time with his dad completely knackered. I want to do something fun with him, but see his need to relax and don

3

Kids need both parents. This also depends on your state laws. Florida defaults at 50/50. I have 78/22 mostly because my ex took a job 130 miles away before the divorce. I do everything I can to make sure the kids see their mom. It’s not their fault she moved away.

2

I have had dealings with someone in the "system" in Illinois, and from what I understand, the courts are fairly stringent there; my advice would be to seek counsel from an attorney again. Since you are not divorced legally yet, you still need to protect yourself, and prove to the court that your main concern is your daughter, and her welfare and her future. It seems that your wife, as you have said, is using your daughter as a pawn, and you need to take that out of the equation, and make it strictly about your daughter's well being.

2

In my case we went through mediation -much cheaper and quicker, and then had lawyers for settling the financial stuff. A skilled mediator can outline the realities you face -laws, child's rights, etc. May blow a hole or two in your ego, but better than holes in both your ego and wallet.

1

While "get a lawyer" is usually good advice, there are some follow up points to consider... Which I learned the hard way.

I am not a lawyer, just someone who has been fighting his own legal battles.

  1. Don't blindly trust your lawyer, do your own research, get second & third opinions. Don't stick with a lawyer who doesn't seem to be fighting on your behalf.

  2. always, always, always get transcripts of every hearing... and learn & obey the law about recording phone calls (Federal and Ohio law is single party consent... 😉 )

  3. Guardian ad Litems... if they're not meeting the children face to face on a regular basis, don't trust them.

  4. Use a court admissible message/calendar service to coordinate with your ex... "Our Family Wizard" has been a (dare I say) "God Send"

To tell you how bad my case has been, after my lawyer deliberately threw the final hearing (didn't show at all for first of two days, didn't file to reschedule, didn't object to hearsay & self-contradictory testimony from my ex and her witness, didn't try to call any of the 12 subpoenaed witnesses for me, etc, etc) I've been ProSe (self represented / no lawyer). Half the witnesses under subpoena to testify on my behalf, were to respond to the false statements and claims of the Guardian ad Litem.

Without using a lawyer, I've successfully argued "Contempt of Visitation", to where my ex was given three days jail time... yes, she's that bad.

And her conduct today at the County Fair, when I tried to see my son's fair projects, was on par with when she got the jail time.

camne Level 7 July 14, 2018
0

Interview attorneys, ask their advice but have all your questions ready so you do not go over an hour. You could probably get joint physical and legal custody. Document all you have done, including bills you pay, alimony and child support paid. I don't know how long you were married but you may not be required to pay alimony. I do t think you can do this without an attorney. And unfortunately, giving a child and IPad to use while she prays will probably not be seen as a usive, tbough I think it is not good parenting!

0

It's a tough situation, but you are not alone in that there are literally thousands of parents who are feeling the same way. Family law almost always looks for fair and balanced time with both parents, regardless of parenting strategies/philosophies so long as one parent is not engaging in abuse/neglect or otherwise stunting the wellbeing of the child. It's always a good thing when two parents can work it out between themselves and then present an agreed order before a judge. Judges loves that. It's much less work and much less trauma for the child. Not everyone has that luxury. Still, even in those cases, many parents find themselves in strong disagreement with other parent's choices. I can tell you that from a judge's perspective in family court, none of that matters in terms of conservatorship status so long as the child is not being abused or neglected. Instilling Christian values and lacking engagement or structure does not rise to this level. What you can do, however, is request that the judge order certain activities for your daughter, and that your time with her is fair and equal.
It is almost never an ideal situation, but in divorce cases, you do have to pick your battles - and battles you can win. If you don't already have an order outlining custody arrangements and who's responsible for what, then I would highly encourage getting one to protect your rights. All the best to you.

hugh Level 5 Dec 21, 2018
0

Full custody. Would if truly be for the betterment of your child or would you be using the child in some way to punish your ex? Most fights of this nature have very little to do with the children and it can come back later in life to bite you in the ass.

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