How can I get full custody of my 2 year old son?

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How can I get full custody of my 2 year old son?

I’m a U.S. Soldier and have good environment for my son. My wife doesn’t work and is being treated for depression, which means she would take my son to her parents, where 3 out of 5 people are unemployed and 1 alcoholic. I wouldn’t want my son with them and living almost 2000 miles away from where I’m stationed at.

Asked on April 12, 2012 under Family Law, Tennessee

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

You will have to fiile a Motion with the court asking for full custody. Once the custody request is filed, you will go to Family Court Services.

Family Court Services (FCS) provides child custody recommending counseling in family law cases when separating or divorcing parents cannot agree on a child custody sharing plan.

Child custody recommending counseling is provided in a private counseling office with a court counselor. The FCS conference allows both parents to work together toward a mutually acceptable agreement which is in the best interest of the children. The FCS session will last approximately 1 1/2 to 2 1/2 hours. The counselor will then make a recommendation to the Court. 

Counselor's recommendation will be made based on child's best interest. 

In the context of child custody cases, focusing on the child's "best interest" means that all custody and visitation discussions and decisions are made with the ultimate goal of fostering and encouraging the child's happiness, security, mental health, and emotional development into young adulthood. Generally speaking, it is often in the child's best interest to maintain a close and loving relationship with both parents, but the practicalities of promoting and maintaining such relationships can be the main challenge in resolving a child custody dispute.

There are several factors which are used to determine what is in child's best interest. You can bring all these facts to the counselor and the court and let them decide.

Depression is a mental health issue for your wife. You will have to prove how it affects her behavior or decision making process as it relates the child. Same sort of discussion applies for parents as well.

Tough situation. Good luck. 

 


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