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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I wanted to ask advice of how to get my child custody

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Hi, I wanted to ask advice of how to get my child custody
Hi, thanks for your question. Please could you elaborate on the issue further and what you seek assistance with?
Customer: replied 2 years ago.
I would like to get the custody of my child, could be the grounds to ask for this, that I consider my exparner an unfitted father, as he is not helping our son to develop socially neither with his learning process in the school
Thanks. How old is your son and what are the current arrangements (where does your son live, what time does he spend with both of you)?
Customer: replied 2 years ago.
also this man is a musulman extremist and is brain washing to my son with his religion is saying that only muslism will go to paradise, that cristians and jews are not good people that will go to hell fire ( I am cristiam)
Please confirm how old is your son and what the current arrangements are (where does your son live, what time does he spend with both of you)? Also, have social services been involved or investigated your concerns?
Customer: replied 2 years ago.
My son is 7 years, he lives with me, his father collect him from school and stay with him in my house until I go back to home from work this is 6 or 7 sometimes, then he stays for dinner, during the weekend normally I take my son to the park or out, normally I spend the weekends with my son and sometimes when i have to do something he stays with his father
Customer: replied 2 years ago.
no i dont have social service worker
Hi, thanks for the further information. From what you have stated you already appear to be the main carer of the children. Is the father threatening to change this arrangement and be the main carer? Have you raised your concerns with the father?
Customer: replied 2 years ago.
yes but he is not responding , he is not a taking person
Customer: replied 2 years ago.
he is not saying that he want to be the main carer
Customer: replied 2 years ago.
is me that I would like to have the custody of my child, because recently got married , my husband is in USA and I would like to go there with my son , but this father does no allow me to take him with me
Customer: replied 2 years ago.
and I am here because I love my son , but his father has disappoint me I feel he is not a fitted father and is holding us here and he is not performing
Customer: replied 2 years ago.
also when he supposed to take care of our son he is sleeping or in the computer , a couple of times he let to my son alone at home while he went to buy something
Customer: replied 2 years ago.
hi there,can i call you?
Thank you. Were you married to the father when your son was born, or is he named on the birth certificate as the father?
Customer: replied 2 years ago.
we were not married when the child borned , but he is name on the birth certificate as the father
Thanks. As he is named on the birth certificate he has parental responsibility and you will need his agreement to move to the USA with your son. If he does not agree to this (which seems to be the case) then you will need to make an application to Court under form C100 for a specific issue order and the court will decide if it is in your son's best interests to move or not. The court will consider the following criteria when deciding on granting an order:The wishes and feelings of the child concernedThe child’s physical, emotional and educational needsThe likely effect on the child if circumstances changed as a result of the courts decisionThe child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decisionAny harm the child has suffered or may be at risk of sufferingCapability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needsThe powers available to the court in the given proceedingsPlease provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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