So here’s the situation: My ex and I have no formal custody agreement for our daughter. He blackmailed me into paying MY OWN child support into the system by saying he’d file for 50/50 custody just to get out of it. I have her the vast majority of the time…he’ll take her overnight or for a few hours a couple times a month but that’s it; he never even calls to see how she is (she’s almost 9 months now). He hasn’t even ever gotten her diapers!
He still lives at home with his mother at 24. I know that while my daughter has been in his care he has knowingly driven with her in an improperly installed carseat, left her unattended on his bed after crawling age so that she fell off, and smokes marijuana while she is in his care.
Most of the time he bails on “his” nights to have her (we had agreed he gets her monday/tues nights but he never takes her…makes up all kinds of excuses) and then I’ll find out later either from him or someone else that he went out partying that night…he’s admittedly an alcoholic, as well…though he doesn’t drink when she is in his care and doesn’t drive drunk with her in the vehicle (at least that I’m aware of)…but he DOES drink and drive on a regular basis.
The other night he bailed on keeping our daughter but his mother offered to watch her until he got off of work at midnight (last minute one night job kind of thing). Well I went to pick my daughter up the next morning and found out that he went out partying again because his mom was there to watch our baby. He and his buddies were so drunk that they taped themselves with his cell phone urinating off of an overpass at oncoming traffic as well as “tbagging and mushroom stamping” each other…and THAT was done with my daughter in the house! He brought his drunk/high friends back to the same house as our daughter.
I feel that his behavior is immature, inappropriate and dangerous to our daughter and I want full custody of her. I would like him to still be able to have supervised visitation with her…at least until he completed some parenting classes/substance abuse program. His mother KNOWS of his behavior and lets him do it…and sides with him over the child support issue and always says I should “give him 50/50 custody on paper to force him to grow up” so she isn’t much help on the issue…but even SHE tells him that our daughter deserves better.
Since there has been no improvement in his behavior and he’s doing drugs, could I win full custody of our daughter if I filed?
