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Is it possible to get full custody under this circumstances?

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  • Is it possible to get full custody under this circumstances?

    I lived with my boyfriend for 9yrs but were never married. We parted ways a year ago only to find out i had sole custody of the kids. This shocked both of us and given that he isnt employed, still lives with his mom and has not been able to help us financially he never sought for equal parental rights which i had encouraged for the sake of the kids.

    Now a year later he is still at his moms, i am in school learning the language and getting financial help from social welfare. My brother passed on back home in Africa and i wasnt planning to go because i can not afford fare but he has applied to have the court forbid me to leave Germany citing that Africa has poor sanitary and malaria prone, a continent he lived in for 7yrs and where the kids were born. He also has applied for sole custody of the kids and i am wondering what chances does he have given that he doesnt have a house, a job, or even health insurance for himself? He has another kid with another woman whos mother was given full custody of the child.

    Is it possible for him to get full custody under this circumstances? I would prefer and i always vied for equal or shared custody

  • #2
    Re: Is it possible to get full custody under this circumstances?

    I wish to inform you that court considers best interest of child as main consideration. In this regard you can have a court order that child custody must be awarded to you as a parent you have right to child custody and it is best interest of child that both the parent must have contact with child. You may take court permission for taking child with you outside Africa. In this you can provide court measures in which health and safety of child will be taken care. You can highlight difficulties or negligent behavior of other parent as well as how you can take care of child to court to show that custody rights must be given to you.

    AFF

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    • #3
      Re: Is it possible to get full custody under this circumstances?

      Originally posted by Kemmi View Post
      I lived with my boyfriend for 9yrs but were never married. We parted ways a year ago only to find out i had sole custody of the kids. This shocked both of us and given that he isnt employed, still lives with his mom and has not been able to help us financially he never sought for equal parental rights which i had encouraged for the sake of the kids.

      Now a year later he is still at his moms, i am in school learning the language and getting financial help from social welfare. My brother passed on back home in Africa and i wasnt planning to go because i can not afford fare but he has applied to have the court forbid me to leave Germany citing that Africa has poor sanitary and malaria prone, a continent he lived in for 7yrs and where the kids were born. He also has applied for sole custody of the kids and i am wondering what chances does he have given that he doesnt have a house, a job, or even health insurance for himself? He has another kid with another woman whos mother was given full custody of the child.

      Is it possible for him to get full custody under this circumstances? I would prefer and i always vied for equal or shared custody

      First, have the children been living with you? How young are they? If they are young children, have been living with you and are doing o.k., his chances are slim.

      He will have to first prove he is the father since the two of you were never married. The circumstances you cite, a brother's passing, should not impede you from traveling there now -- without court order. He would have to get an order first restraining you from travelling with the children -- and that will take some time considering he has not established he is the father and has any rights at all.

      He is not a parent until the court says so. So take your children and take off for your brother's funeral. Unless and until you are served with a court order barring you, you as mother and to this point sole custodian and parent have every right to travel where you wish with the children.

      Deal with him when you get back.



      Let him

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