Can the father get custody?

Question

My friend is divorced. she has a 5 years old daughter.Her husband remarried and left the country for employment and to permanently reside elsewhere. His new wife lives here and might leave the country next year.
My friend's ex-husband wants the sole custody of the child, with primary residence with my friend. My friend has provided a stable life to the child ever since they divorced.

Will custody be granted to him?
His new wife who is still here keeps calling often and bothers my friend. She wants access to my friend's child as she is pregnant and wants her future baby to have some relationship with my friend;s daughter as they will be stepchildren. She is asking for access on behalf of her husband (my friend's ex)who is living abroad.
Can such access to step parent be given?

Answer 1

There is so many things to consider in this situation. It is very difficult to take custody away from a parent unless, drugs, abuse, neglect, and then those are hard to prove as well. The father would have to have some really hard strong evidence against her before any judge would think about removing the child from the home.
I would suggest she allows the step mom to see the child at will. The step mother would have to pursue it in a legal manner to see the child. But the mother could do supervised visit. No solo............ Meeting at McDonald's, or the park. Never let the child go alone with her.
Best of luck to your friend. :)

Answer 2

Dear puzzled....

You are missing several details here.... Was any RIGHTS to visit given by any court after the divorce?

If yes, then your friend has a problem but, they cannot FORCE her to give up her child unless she his unfit (drug addict, heavy drinking, child abuse, ect...) otherwise he is in for a very long battle...and will loose it 99.9%.....

If he never requested rights to visit through a court, then.... have her change her phone number, have her move elsewhere.... best way is to have a job in another state... A mother can move for a better work place....

Actually, she cannot do anything if she agrees to meet all these people..... And why can't they make their own children??
Just hold on to your daughter... She has some rights and so do you.... If ou are living in USA, let me tell you that it would take him a lot of money and time to steal her away.... Best to do is .... if these people are bothering you, file a police complaint... This will keep them away by law... and unless they get a court order for rignts of visit, they have no rights at all.
Plus... even if they have the rights to visit... they have to visit where the child can be under her protective native land... they could not bring her to another country without YOUR consent, it would then become a simple abduction....

If you fear any of this..... make a complaint to your police department TODAY.... Good luck to you....

Answer 3

it will not happen as the child has yet to meet this person, your friend has nothing toworry about, he left and that means he showed no interest in the child, the child only knows mom.why would the judge take away the child from the only person that has been around. he wont take the baby away from the mom. that the father is out of town nothing can be done until he gets back from where ever he is. step mom cannot do anything. if the father lives outside of the area of the mom then other arrangements for visitation.there is no way father can get primary custody of this child when he hasnt even had the child and is gone for X amount of times.just because a step mom wants her child to be close to the babies step boprther doesnt mean they will give cusotdy to him. it has nothing to do with step mom. it has to do with dad and mom. but he already is in the bad because he doesnt see this child or make any effort to see his child. has he wrote letter,he not she, has he sent money? has he called, he not she. you dont have to accept these calls from her, just dont answer her calls. this child has nothing to do with her, it is between you and your ex. yes she wants to be involved but she cant be involved when she has nothing to do with this child, the judge wont even want to talk to her when the time comes. she is now the childs step mom but in court she is nothing and will not be in any court domcuments.good luck.

Answer 4

Yes access can be granted to a step parent but it is unlikely. I also would have your friend if she has not already done so to go and get an attorney as soon as possible. I would tell her to be Leary of this woman wanting to see her child alone because she may take the child and go to the father without your friend knowing. If that happens it may be extremely difficult for your friend to get her child back depending where overseas he is residing. She may be able to immediately get a temporary order of custody if she is worried. I just hope all goes well for your friend in this situation.

Answer 5

no his life is not stable also how much his he try to see the child that what the court look at his new wife has no say he can not take child out of country with your say so and court order he cant get a pass port for the child so relax if your child go to school get his grade take them to court and a letter from your church so you are show you are a better parent good luck the joker

Answer 6

the step mother has no legal right to the child at all, even though she is married to the childs father...even if he is out of the country. He has to be the one to file the paperwork and go to court about it. unless the step mother has crediable evidence that the mother of the child is not taking care of her, then she might have a slight chance.
If she is wanting to get to know the child, it is up to the mother to make that decision and to set rules for the visitation. that's my view on it. (believe me, im in that kind of situation and I know that even if I did take it to court, Id lose the whole thing and waste money in the process)

Answer 7

It is possible for him to get custody of the little girl. The reason I say that is becuase the look to what is the best intrest of the child. Which parent can provide best for the child etc etc. I wish her all the luck,.

Answer 8

it really is extremely as a lot because the decide, you would ought to bypass in the front of a decide at the same time with your father and your mom contemporary. The decide will ask you why you want to stay at the same time with your dad. if you're on your overdue little ones reliable and a good baby the decide will evaluate your request if it really is justified. in case your having problems with one determine, yet have the help of the different. bypass to the single which would really help understand matter favor takes position. communicate with and enable them understand you want to communicate with someone about the feels that operating through you.

Answer 9

in the united states of america mother always get the custody unless she is unfit to care for the child.....i doubt it that they are going to take that child from the mother to give to him just because he decides to leave the country and married another woman what he is going to get is visistations and a big child support payment is what!!!!!!!! tell your friend to get an lawyer just in case and most of all so she can get the right amount of child support. she is not going to loose her child i dont think so,in america only unfits mothers loose rights and get the kids taken from them. the other wife can shut the hell up the court is going to give that man visitation rights in here he just have to visit and bring his other kids to visit his sibbling i dont even think he is going to be allowed to take the child out of the country,, out of state maybe but out the country i dont think so tell her to tell the courts she is afraid he might try to keep the child in the other country the will take that in consideration...... tell her not to worry she is not going to loose her child.. good luck.
Hey do not listen to those peoples that keeps saying is possible noooooooo the only posible way is that the mother is unfit and girly im telling you in the united states of america proving that is so hard...im telling you because we have custody of my husband seven year old daughter she was molested three times and was the witness of drugs sales and it took us a long time to get her and we just got temporarily custody.....so we won the battle not the war.... is not easy im telling you to prove the mother is not fit.that man is fighting a loosing battle.dont worry he aint getting ****.

Answer 10

First of all tell your friend to tell the step mother to mind her business. Second of all unless she is unfit its very doubtful that he will gain custody of the child especially living abroad. Seek legal advice and tell her that what the stepmother is doing is harrassing .