This is a discussion on custody within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; my ex and I have 2 sons (4 & 2) - she sent me a text asking if I wanted full custody - then it went to joint - then ...

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  1. #1
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    my ex and I have 2 sons (4 & 2) - she sent me a text asking if I wanted full custody - then it went to joint - then back to full - now its back to joint, after the 1st text I started looking into the situation i found out that they have not been attending school everday - that dcfs was called on acount of her throwing something at my oldest son's head leaving a scab - where they are living is always a mess - i get them on wednesday's at 4pm and they are usually in their underwear when i knock on door and i have to wait apx. 15 mins - after picking them up one day, after they had not been to school the previous 2 days, i brought them home and took pictures of them being covered in marker. i guess my question is what can I do? can I get full custody based on the above? can i get custody with no visitation until she has a mental evaluation? - i'm tired of sitting on my hands doing nothing

  2. #2
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    Depending on the exact facts and circumstances of your case, you may be able to get full custody. You need to request/schedule a custody hearing and present evidence why you should have full custody, including information from dcfs. The judge will then make a decision based on the best interests of the children. It is rare for a court to refuse to give visitation to to the non-custodial parent but you can ask that it be contingent upon a mental evaluation.
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