How to get sole custody?

Lety - posted on 08/15/2012 ( 4 moms have responded )

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Hi my oldest daughter is 7 her father and I are not married and have been seperated since my daughter was 1. I had sole custody 4 years ago until there was a drug case open once my other daughter was born. Custody was taken from me and the fathers of my kids until we completed the programs ordered by court.

When closing the drug case the father and I agreed to joint custody. Since then it has been a consistant cooperation issue and child support issue with him. He is an illegal and theres nothing the child support office can do. I filed for sole custody because I do everything n my own to support my daughter education wise, housing , health and finance our court date is tomorrow and I just want to feel at ease that ill get this I believe I do deserve it.

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Jodi - posted on 08/17/2012

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Child support has nothing to do with his custody or visitation. They are highly unlikely to remove his custody just because of child support. In fact, unless you have evidence showing he is unfit, abusive, etc, he will still get visitation.

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LaShawnda - posted on 08/18/2012

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i was in a similar situation except neither of us had ever filed for custody and minus the drug charges. My daughters father was not a consistent part of her nor did he support her in any kind of way. Its not about him not having rights to see his child and be a father he's chosing not to do that on his own and as a mother you have the right to file for sole custody because if hes not consistent what happens when you need him to sign a legal document or show up and he's no where ti be found or an immediate decision needs to be made but you have to wait for him to decide when he wants to be bothered?! Its different when a man is a father and when hes just some one who helped you conceive. I mean no body wants to be in a situation that tears their family apart but it does happen. And winning sole custody has nothing to with him losing visitation in fact all of that is granted at the same time you can win sole custody and they could give him visitation every weekend but its just a gamble you have to take if the situation calls for it. Hope everything worked out in the best intrest of the child.

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i'm interested to know how this turned out. i would think that he's entitled to access/visitation, not paying child support isnt reason enough for sole parental responsibility orders where im from - its about the children's rights to have a relationship with both parents

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