Boise, ID asked in Child Custody and Family Law for Idaho

Q: I'm starting custody with my ex. I'm needing some deeper advice.

I'm asking for sole legal custody, and joint physical custody but had a schedule created for us to fallow. I have reasons of to why I would like my son with me more. If he responds, what preparation and paperwork should I put together for mediation? Do I need an attorney for mediation? I work part time, and go to school part time so he is financially more stable than I. I've also been living with my mother since I left him while I was a stay at home mom due to his alcoholism. I have proof of his manipulative ways but no proof of the abuse that was going on while he would drink. Yes our son was around. My son has a terrible attitude when I get him back, I believe there is no structure while in his fathers care. As well as a routine for our son. Our son works around his fathers schedule and life, versus with me. My school and work all work around his life and the schedule I've created for him.

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1 Lawyer Answer

Kevin M Rogers

Answered
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: So you go to school and work and your mother watches your son while you work and go to school? Who drafted your “schedule to follow?” You? So you’ve filed some kind of Petition for sole custody? Why?

Your ex may be an alcoholic but you lack any proof of abuse (to you? to the minor child?) while you were with him? Was there any kind of domestic violence to you when you were together? Or just manipulation of you?

I think you’ll be lucky if he doesn’t file a response once he sees that you’re asking for sole custody. You want to say if and when the father sees his child, and tell me now who is being manipulative? I’m sorry, you don’t say that your ex has convictions for domestic violence? No convictions for drugs? And apparently no convictions for alcoholism? And the only reason you think a court will grant you the right to say IF dad gets to even see his child is because he didn’t treat YOU well during your relationship with him? Not a chance! Sorry again. You’d stand a lot better chance of him NOT responding if you would re-draft your Petition but this time giving dad 40-50% of the time with his child and giving him joint legal custody also. I hope dad comes to see me quite frankly.

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