My ex an i split in 2005 i have my daughter.What are my rights?

Question

My ex went off the rails four months later an tried to comit suicide so i got my daughter who was 1 an a half at time.She sees her once every week if shes lucky and always claims to have no money to help support her.This i dont mind to much but its the thought of her trying to get her back.I got my ex to write a letter saying that she is my care but is that enough??? There is lots more to this but it would take too long.... devoted dad....

Answer 1

i think what darleene meant about the name is that if you were married then you both are legally responsible for the child and residence order can be given to either however if you were not married and are not down as the childs father on the birth certificate then you should get in touch with a solictor and get a court order to name you as a legal parent with joint resposibility to the child. if you are named on the certificate then you need to apply for a residencey order in your favour this will give your ex a chance to dispute it but will need to give reasons as to why you should not get sole residency. if contact is regular and you are letting her see her child i dont see why the child should leave your care. but the court can award joint residency where the child can live part of the time wtih you and part wih the mum again this is assessed in what will be best for the child- with an unsettled mother chances look low for her but it is a long battle one i will be soon facing as i have asked similar question regarding a family member also a devoted dad

Answer 2

first i would like to start by saying Darlene..what are you talking about a last name has nothing to do with getting custody or retaining it, and the mothers do not get the kids back easier.

to answer your question- no that's not enough, at minimum you need to have a letter notarized, ,(by both of parties),stating you are the custodial parent of the child, you can enter this in to court record and that will give you what you need, she will only get custody back when she proves she is fit, which involves a lot of time and money get a court ordered psychologist, and having an evaluation done which she would have to pay for initially, also time's a factor if the child is doing well with you and everything else is okay then there has to be a reason to remove her, or your ex would have to be able to provide a better living environment, than you can provide.
once your daughter is older, over 12 , then it is a different story she has the right to chose, however if your ex is not fit to provide full time care and support then you do nto have to worry about anythign then either

Answer 3

I'm no solicitor but when I was split from my ex-wife about 13 years ago she initially kept our two children and I didn't contest it, knowing the courts bias towards mothers. However, after I entered into a relationship with a woman approximately two years later my ex turned up one day and just left the children with me and walked away.

I brought up our children, then aged 5 and 2 for approximately 2 years before she decided she wanted them back. At this point I felt I had a good case to keep them as they were settled and happy.

The courts held that it would not be in the childrens best interests to return them to their mother although I was in and out of court for approximately 8 years afterwards.

Bottom line I guess is that the longer you have the child/children the more likely it is that the courts will not wish to upset their lives unless there's some issue of abuse or neglect.

The courts will appoint a social worker of sorts to present a report and once the children have reached the age of 8 or more their (the childrens) views will add weight to a decision but it does tend to be balanced and reasonable. One of the few times that a court will actually use what we would call "common sense".

So in this case "possession" would indeed seem to be "9/10th's of the law"

You may find yourself in and out of court but it would seem to be a battle you can win under your circumstances. Certainly not a lost cause.

This isn't any sort of professional advice, just a take from my own experiences.

Good luck.

Answer 4

The best thing for you to do would be to talk to a lawyer that deals with custody cases. Tell him/her all the specifics and find out what your rights are in the state or country you live in. Custody laws vary depending on where you live.
The fact that you have had sole support of your daughter since sometime in 2005, her mother's visits are sporadic and her mother also has a history of instability may help you get custody. A lawyer could answer your question best, unfortunately most of them charge well for their services and the legal aspect of could take years.

Answer 5

don't worry i think she would have to prove herself responsible and reliable and she has up until now proved the opposite.you have been your daughters mainstay and at such a young age it will be you she sees as this and turns to.maybe not broaching the subject with your ex is a better way.you could find you trigger her into wanting the child in a how dare he unstable way and although i feel at the end of it all it would be you she stays with.it is a long drawn out lengthy process all tied up in paperwork red tape and upset.the longer she offers such little input into your daughters upbringing,is working towards any proof needed in future disputes of just how little she tried.good luck Hun,in what ever decision you make.

Answer 6

Want to know how to get your ex back? Change yourself. Don't worry about changing other people, worry about changing yourself. Go to https://tr.im/t3P0k

Once you do that then you can start to worry about getting back together with your ex, other wise you will find that you are fighting about all the same things and getting no where. Do what it takes and I promise things will work out in your favor.

The funny thing is I came to the realization that I had to change a little too late. After I was kicked out and after I was about to lose the only things that truly mattered to me - her love. A funny thing happens when we truly love someone and lose them. We do what ever it takes to get them back. For me I had to drop bad habits that had caused not only our relationship to sour but practically every other relationship I had had in the past. Not only with women, but with friends, co-workers, family, you name it.

Which is why I say to you as my ex at the time said to me, the only thing you can do is change yourself. Work on yourself and improve on the person that you already are. Drop the negative things in your life that don't belong there and you will see all of your relationships start to take off to new heights.

Answer 7

NOTE: The following is not to be construed as legal advice

Well you've got a mess huh....

Listen, there are several routs you can take and the best one would depend on many circumstances (including your own past and financial situation)

You really should get custody. I have no idea how your divorce settlement read on the matter.

an avenue that may be available to you is to contact you local (social service agency). It sounds as if your child may have been abandoned by her mother to me.

The letter from your ex is beneficial. But, I don't think it in itself creates custody.

Answer 8

Does the child have your last name? If so you have legal rights to her.If not go to court and get 100% full custody of your daughter.It will be hard.Courts dont look at your ex as a person who needs help but they look at her as a mother and thinks all children should be consider to be placed in the custody of the mother.Good luck.I love when a man steps up and takes care of his kid/kids and wants to keep them.

Answer 9

I suggest seeing a solicitor and going down the proper legal route, before your ex extorts money from you, and dont even spend it on the daughter, who it is meant to be for.

Answer 10

attempt to work out him in a differant gentle hes disappointed too. you're saying and do issues you dont mean while your disappointed,hes his father it rather is the factor manage for him to flow to his baby save a watch on him in time yourll experience extra ideal approximately it,then start to permit him have over night maintains to be choose for a weekend then a week away on trip hs his baby too,the extra you keep the baby on your self the extra the baby will hate you you want the baby to enhance understanding his/hers father