My daughter is 2 1/2 and her bio-dad has not been in contact with us for almost 2 years! I was never married to him either - unfortunately, he is not paying child support. When we broke up almost 2 years ago, he agreed to do so, but has not followed up on it.
I know I probably should have done this earlier, but I am now attempting to get full legal custody of my daughter. Do I have a good chance of getting this?
I'm also tired of having to contact her bio-dad anytime I want to take a vacation with my relatives out of the country! He's not part of our lives and I think it's ridiculous that I have to get his "consent" in order to take my little one on vacation out of the U.S!
Also, I know I probably have to get an attorney to get things rolling - any suggestions how to find a GOOD one whose rates are not up the roof?
P.S. I am a single mom of just one toddler. :) Thanks!
2006-10-07 16:35:19 · 17 answers · asked by jazzeegirl12 2 in Family & Relationships ➔ Other - Family & Relationships
At the time my daughter was born, I thought her bio-dad and I would stay together - so we both signed her birth certificate and she has his last name. Ah! Now that I think of it that was probably a bad move. That's why I have to get "consent" to take her on vacation out of the country even tho he has not contacted us for over 2 years.
2006-10-07 16:45:08 · update #1
Your chances of getting full custody should be excellent considering that the father has had no contact. That may change once you start forcing the issue of child support. Also, has his paternity been definitively established? It is definitely past time to talk to a lawyer. They are expensive, but many will give you an initial consultation for free. So talk to a few and compare hourly rates. If you are poor you may be eligible for free legal assistance from your city or county.
2006-10-07 16:44:19 · answer #1 · answered by iamsamshady 2 · 1⤊ 0⤋
Child support and custody are 2 seperate issues. So if he doesn't want visitation or has issues with it that will not affect your child support issues. You can go to your child support dept through your county and they will follow the legal path to get him to pay for free! Taking tax refunds, blocking loans, etc. Things have come a long way! Anyone can use this service. Do it. Otherwise get an attorney based on references. I need 3 people to recommend someone highly before I choose the. I don't understand why you have to have consent to go out of the country. Do you have shared parenting now? The lawyer can help with that also. In Ohio if you go 1 year with no contact of any kind from the father his rights can be taken away.
2006-10-07 16:42:23 · answer #2 · answered by Marci F 1 · 1⤊ 0⤋
Well you have a good chance of getting it. If you are the primary care giver as well as doing your part of taking care of the child then your odds are good. But you also have to prove that he is unfit to take care of her or have partial custody and just visitation. Not to mention he has not paid child support will work in your favor. And who says you have to let him know when you leave? Only way that can happen is if you have a court order to do so, and that's through a judge. Now if you don't want any support from him at all, you can request a relinquishment of his parental rights completely. Your other options are that you can file for joint custody, or like you said full custody. ANd see like my situation I am on and off with my baby's father but he pays his share so he's not on child support. And when we applied for her b.c., they had a limited time that you could legitimize your baby without being married. That means that if something happens to one of the parents they go to the other one, and gives both of you guys rights. But if you ain't filled out no paperwork and he ain't paying.. The odds are in your favor. Contact the Department of Family and Children Services, and just call around to a few lawyers. Some do finance, so you just gotta shop around. Hope that helped you.... Good LUck.
2006-10-07 16:45:45 · answer #3 · answered by Dr. PHILlis (in training) 5 · 1⤊ 0⤋
You have a very good chance . First of all Judges normally gives custody to the mom before they do to dads. Dads will have to prove you are unfit. But in this case he hasn't been there in her whole life so all you need to do is bring that up and they will give you full custody of her. I NEVER ask for consent to take my OWN child out the country , my sons father has been dead beat for 7yrs and I will be damned if I have to ask him for anything . I carried my baby and I went into labor . Screw his dead beat @$$ , you do what you want and when you want with your little girl. If he doesn't pay child support HE HAS NO RIGHTS or NO SAY SO , simple.
2006-10-07 16:44:15 · answer #4 · answered by ♥ Army Wife ♥ 4 · 1⤊ 0⤋
I'm not sure what state you are in, but laws vary from state to state. The term "full custody" is one that is not given by courts very easily. In the state of PA, where I am from, it is very difficult to get "full custody". The law in Pennsylvania states that both birth parents are given legal custody unless some form of abuse has been proven by either parent. If his name sits on the birth certificate, then he has a say in what goes on in her life. (unless you have a court to prove otherwise) If you are trying to obtain a passport for your child and you have no legal documentation to prove you make all the decissions in this child's life...you will have problems. Currently to obtain a passport for a child under the age of 14 you are required to provide paperwork (the court order) stating ownership of the child..or under penality of law they will take a notarized affidavit stating you have no whereabouts of the birth parent. Sadly, finding a good attorney is a hard thing. I HIGHLY recommend that you stay away from legal aid..just because they are overworked and underpayed. Take into account this is your child and they are worth more than a free case. If you have a women's help center I would check there for their recommendations. Most times Women's Help Centers have attorneys that work on thier board of directors, they might do the work pro bon. GOOD LUCK!!
2006-10-07 16:49:27 · answer #5 · answered by Lady J 2 · 1⤊ 0⤋
You can ask him to give up his parental rights and tell him that if he doesn't want to do that then you will take him to family court so that you can get the back child support that you are owed and all the child support you deserve until she is 20. If he doesn't want to be a dad he will give up the right and then he will have no legal recourse in the future to apply for custody later. Or you can try for custody, which you will be granted if he does not contest, you cna also get child support if you have full custody.
Good Luck!
2006-10-07 16:39:25 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Call the State Bar Association and they can refer you to some good family law attorneys in your area. Call around and get rates. Most attorneys have free consultations now. I think you have an excellent chance of obtaining full custody.
2006-10-07 16:40:20 · answer #7 · answered by Michelle 4 · 2⤊ 0⤋
I am in California and my oldest son who is 12 has had no contact with my ex for the past 6 years. The law here is if the parent has had no contact for a year or more he has no rights. You need to go to the courthouse and file the paperwork. They will tell you everything you need to do.
2006-10-07 16:39:09 · answer #8 · answered by Jen G 6 · 1⤊ 0⤋
Yes you will probably get custody with no problems. If the sperm donor, that's what he is I wouldn't call him a dad, doesn't pay child support and doesn't want to then I don't think he will fight you over it. I am sorry for your toddler. I don't think there is any such as "GOOD lawyer". They are all thief's. Good luck.
2006-10-07 16:41:46 · answer #9 · answered by fdmedic85 1 · 2⤊ 0⤋
If you were never married to him nor was paternity ever established, then custody is not an issue at this point. You are the sole provider for your child and he has no say in where you go with your child.
2006-10-07 16:40:28 · answer #10 · answered by ?? 3 · 2⤊ 0⤋