Going for sole custody?

Kelly - posted on 09/22/2015 ( 1 mom has responded )

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I've taken care of my daughter from day one although he was in her life in the beginning. As months went on he started being mentally abusive saying he didn't even want her, and stopped coming around. Then he would pop back up and I did everything to get him to be a father. On Christmas he assaulted me while holding my daughter which I caught on video but didn't go to the cops because I was at his house and I just wanted out of the situation. Well since then she was 6 months old and now she is 15 months old. We went to court over child support and then we went on to mediation. They gave us a recommendation and he completely ignored it. Didn't sign it or object. Well 4 months went by and since he was responsible for paying for her health insurance, he refused to give me her information so I was paying out of pocket. (But got canceled from non payment anyway) He's behind in child support and has nothing to do with her. But continues to tell everyone I keep her from him. When the courts wrote up a recommendation that he completely ignored. He has seen her once in the last 9 months and it was 2 days after her birthday which he walked on us at the restaurant and stuck me with the bill.. I have voicemails of him threatening me and he even went as far as threatening me he was going to kidnap her. I have made police reports but they still let him get visitation rights through the recommendation! But thankfully he just ignored it and said he's waiting for the right aggressive lawyer. What are my chances since he is willingly not in her life? I can't take this anymore and I need sole custody. (Yes I do have a lawyer and he doesn't) has any other moms won sole custody and how?

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Raye - posted on 09/22/2015

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The police must uphold the law, and the law is the court orders for visitation. If you have proof of abuse and the child being in harm's way, present it to the court. But if the court still awards him visitation, you must abide by the ruling, or else you could be brought up on charges and lose custody. Continue to peak with your lawyer to find lawful ways you might get full custody, but don't count on it. There usually has to be some compelling evidence to deny the father his rights.

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