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So me and the father of my daughter went to court yesterday and he is now fighting for custody of my daughter. She has lived with me since we split up and now that the state is making him pay he wants to get custody. He claims that that's not the reason but I know that it is. His argument is that I can't provide her with a stable home because I lived in 2 different places since I've had her. I lived with my sister and my cousin. I currently reside with my sister. I'm freaking out because what if he can actually get my daughter. I really need help to figure out what I need to do to fight for my daughter. He doesn't have a record. He hit me a while back and he was arrested for it.

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I'm not sure what your question is or what sort of response you're seeking.  You obviously can oppose what the father is doing, but any specifics obviously depend on the laws of your unidentified state and applicable court rules.  The best thing to do would be to consult with a local family law attorney.

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I'm wondering if he's able to get my daughter. the only thing he has on me is that I can't provide her with a stable home because I've lived two place in the last 15 months. I can't afford a lawyer and someone referred me to this website.

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First, I want you to be aware that every case is unique! Also the Judge has to take into consideration alot of facts to determine the best interest for the child, such as family history, both parties living conditions, both parties income, asking your child questions which will help make a determination, and ect. If he has nothing else on you besides "not having stable housing" then thats not sufficient enough to revoke custody from you. What possibly could happen is the judge would award both of you guys "joint custody" and determine which parent's home would be the child's primary residence, until further ordered. Subsequently, there would be status courts dates to see how the new "child care plan" is working out and to see how your doing with housing. Once you get back stable you could file a "petition" with the court to modify the "child care plan" and request that the child be return to previous conditions (which would be housing with you).

 

This is not considered legal advice, for any legal advise I would highly advide you to consult with an attorney.

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I'm wondering if he's able to get my daughter.

 

You wrote that he "is . . . fighting for custody."  I don't really know what you mean by that, but I assume it means he filed some sort of paperwork with the court in which he requested a custody modification.  You've given us all of two sentences worth of description of his argument and the relevant facts, so there's no way to conclude that there's no possibility of him succeeding.  That means there's some chance greater than 0% and less than 100%, and there's no way to opine intelligently how likely or unlikely any given result is based on the information you've provided.

 

 

 

I can't afford a lawyer and someone referred me to this website.

 

Neither this web site nor any other is a suitable substitute for an attorney, and the utility of a web site such as this is even further limited when you don't identify your state or provide relevant facts.  If you can't afford an attorney and can't locate a source of low- or no-cost legal representation, then I suggest you spend some time at a local law library and visit the court clerk's web site and/or office to see if any forms and/or self-help materials are available.

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