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ivorylounge
ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 32888
Experience:  Over 25 years experience
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I stay in Scotland I am in the process of divorcing. My soon

Resolved Question:

I stay in Scotland I am in the process of divorcing. My soon to be ex is going for full custody of my baby
I am being treated for a serious illness and this is being used against me.I am being given conflicting advice,please what are my chances when this goes to court.
Submitted: 1 year ago.
Category: Scots Law
Expert:  ivorylounge replied 1 year ago.
How old is the child and who does the child live with presently? Does your illness prevent you from looking after the child
Customer: replied 1 year ago.

15 months,due to his court appearance and bail conditions,with me but i have agreed on 3.5 days as he was putting his "legal rights to his lawyer" and to look good he is paying £100 a week out of our very large financial pot,which he removed to his own account leaving me with nothing.I have a very good social service team and parents to help

Expert:  ivorylounge replied 1 year ago.
If the child is 15 months old and you have been caring for the child and are able to continue to care for the child then you would have a good prospect for the child to continue to live with you - the welfare of the child is the court's paramount consideration. Where the child lives with you already then there is a good argument to suggest that this continues unless there are compelling reasons for a change. So I think you have a good chance from what you have written. Happy to discuss. Please rate positively - thanks
Customer: replied 1 year ago.

Do i understand that if as is there is shared care between my **** and myself and i have carers in place to help me to care for child,plus my ongoing illness,and as long as child is well cared for then my illness cannot be used against me in a forthcoming custody hearing

Expert:  ivorylounge replied 1 year ago.
Well I am sure that he will attempt to use it against you - but if you can show that it is not a risk then you can attempt to balance out the issue - this is not uncommon - the key will be for you to show that you have the carers in place - make sure that you have this in writing for the hearing. I hope that this helps - please rate positively - thanks
Customer: replied 1 year ago.

Thank you for your encouraging advice as i am sorry to say my lawyer has been less than helpful but i will be putting your input to him

Expert:  ivorylounge replied 1 year ago.
Any additional questions - please come back to me. In the meantime - please rate positively - thanks
ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 32888
Experience: Over 25 years experience
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