I need to know how to prepare myself for a potential child custody battle. The mother of my child is very promiscuous and often engages in sexual acts while our small child is in the same room.
Apparently this is not illegal, but she continues to behave this way even after I’ve expressed to her that I think it’s highly inappropriate for our child to be anywhere near that.
Is this something that I should be documenting or record our conversations about the subject in case I need it for a possible custody battle?
While I am not licensed to practice law in your jurisdiction, I can provide you with general divorce help for men. I encourage you to speak with a mens divorce attorney in your area for specific legal advice on divorce because each state will have its own guidelines on what is considered in determining visitation and child custody.
Many courts now have a presumption of joint legal custody and a shared placement schedule. though the definition of “shared” varies by jurisdiction from an every other weekend schedule to a 50/50 schedule.
Courts are typically guided by statute in determining the custody and visitation arrangements. Where I practice, the court considers the following to determine the best interest of a child:
a) the wishes of the parents;
b) the wishes of the child either communicated by the child or through a guardian ad litem;
c) the relationship the child has with each parent and siblings;
d) the amount and quality of time that each parent has spent with the child in the past;
e) reasonable life-style changes proposed by a parent to be able to spend time with the child in the future;
f) the age and needs of the child;
g) the child’s adjustment;
h) mental or physical health of the parties or child;
i) availability of child care services;
j) the cooperation and communication between the parties;
k) the need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child;
l) whether one party unreasonably refuses to cooperate or communicate with the other party;
m) whether each party can support the other party’s relationship with the child;
n) whether a party has engaged in abuse of the child or the other party;
o) criminal records of either party and those whom the party resides with or is in a relationship with;
p) and whether either party has had a significant problem with drugs or alcohol.
Keeping a journal will help you keep a timeline of events and provide beneficial information to an attorney to fully understand the full extent of her bad acts and poor decision making.
I highly recommend you consult with a qualified divorce lawyer for men who can give you specific advice on divorce and actions you should take in your case.