How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My 8yr old sons dad is taking me to court for full custody,

Resolved Question:

My 8yr old sons dad is taking me to court for full custody, he seems to think my son lives with his grandparents which is untrue (he picks up my son for his contact here), he currently has him every Sunday 1pm to 6pm also he's not a very good dad I've never received a penny from him except a ripped up 20 pound note when he was a baby, dosnt buy him anything for birthdays or Xmas or help me out with anything my child needs, also he has tried to commit suicide twice and social services are involved with his two other kids that he has with his current partner, he also dosnt work and is always moving house, how likely is he to get custody? Or shared? My son hates him and is horrified at the thought of having to live with him, he says Sundays are enough for him, but I can't stop him from seeing him, any advice would be great, thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has your son ever spent a night with their father?
Clare
Customer: replied 3 years ago.
He did once when he was about two years old but it didn't go very well
Customer: replied 3 years ago.
Yes just the once when he was two years old but it didn't go very well
Expert:  Clare replied 3 years ago.
Hi
So what is he actually suggesting should happen and how far has it reached?
Clare
(and please do not worry)
Customer: replied 3 years ago.
He wants full custody of my son as he believes he lives with my parents and that I've abandoned him which is untrue, he stays at my parents at the weekends, he dosnt want to stay with his dad and I'm worried the court won't care what my son wants
Expert:  Clare replied 3 years ago.
Hi
Wy does your son spend the weekends with his Grand parents?
Clare
Customer: replied 3 years ago.

It's mainly because his dad picks him up from my parents on the Sunday (hes violent towards me so I refuse to let him pick him up from my house) I drop my son off Saturday night to my parent's and his dad picks him up sunday lunch time from there, my son hates going with his dad and there is tears nearly every sunday, and he comes back miserable, the last thing my son wants is to have to live with him or stay over with him, just hoping the court listen to what my son wants, plus my son has told me his dad smokes cannabis around him, I don't trust this man at all

Expert:  Clare replied 3 years ago.
Hi
That takes perfect sense - so just how far has this court application reached?
Clare
Customer: replied 3 years ago.
I'm not due in court until 11th august (only got the letter yesterday) so trying to get a solicitor sorted out for then, I don't think he will get full custody but I'm worried he may then ask for shared custody and my son dosnt want this he's been in tears from I told him about this and what may happen I'm just wondering how likely he is to be granted shared custody even tho it's not what my son wants, he's very mature for an 8yr old
Expert:  Clare replied 3 years ago.
Hi
Please Please do not worry
From all that you have said there is no question of your ex being successful in his application
Social Services will be involved in any consideration of the issue and they will listen to your son's views - and will indeed have their own concerns given what you have said.
The very very worst that might happen would be some consideration of overnight contact - but the suicide attempts and the house moves make even that unlikely
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you