I’m writing a story about a girl who’s getting taken away from her father and the escape a custody battle trial. is this possible? do they go for a number of days, and the child would go home with the father between hearings? thanks.
That fully depends in the included factors.
Were the parents married? Single fathers have no assumed rights to a child.
Were there any allegations of abuse? In 60% of child custody cases the mother will accuse the father of sexually abusing the children.
Were there any allegations of domestic violence? Under the VAW Act, a father who battered the mother of his children, or defended himself when attacked by the violent mother of his children, cannot have custody. Even grabbing her arms to prevent her from scratching him is grounds for denial of custody.
Is there a Guardian Ad Litem? This is a person who represents and speaks for the child in court.
What type of custody is under consideration? Sole, Joint Legal, Joint Physical, or Bird Nest?
What if the father turns out not to be the father of the children? In a Pennsylvania case, the three children were not his, but he still won custody. In a Michigan, he was denied custody of the 15 year old, at which point the mother was awarded 15 years of retroactive child support against the bio-dad, who was 11 when she had sex with him and got pregnant. She was 25 at the time.
Currently, fathers get primary custody in 15% of the cases, but only get child support 1% of the time. Most fathers think they can’t win custody, when in reality, they unknowingly hire attorneys who are unwilling to fight for it.
Personally, I promote Bird Nest Custody.
It should be noted that the original author of the first joint custody laws died this week.
Father Makes Two
By Margot Roosevelt – Sunday, Nov. 11, 2003
"As late as 1971, the Minnesota State Bar Association’s handbook advised lawyers and judges that "except in very rare cases, the father should not have custody of the minor children. He is usually unqualified psychologically and emotionally." When James Cook, a Los Angeles real estate lobbyist, divorced in 1974 and sought shared custody of his son, "the judge thought it was preposterous," he recalls. "He told me, ‘I don’t have permission to do it.’" Outraged, Cook and some friends organized the Joint Custody Association and in 1979 pushed through the California legislature the first law encouraging joint custody. All 50 states eventually followed suit….."