how do i get full custody?

Rachel - posted on 08/31/2012 ( 1 mom has responded )




Okay i went through a custody battle about 3 yrs ago. court lasted for 6 months! My ex got everything that he wanted. then we started the visitation.... he saw her a total of 4 times. then started to ask me to come back to him? i told him no. then i got a call about a week later he told me that he doesn't want to see her anymore. and that he wants to sign over his rights to me. i was like WOOHOO!!! the date came for us to go to the court house he never showed. i tried to call, no answer. so about a month later i heard that he was having another baby. i was completely cool with that. then like about another month goes bye and i read in the paper that he had beaten his girlfriend so bad that he made her lose the baby. this is not the first time he has been in trouble like this. it was the reason why i left him. so now he has moved out of state. if he comes back in this state the he will go to jail. doesn't pay any child support. hasn't in 3yrs. i guess what my question is can i take him back to court and get his rights taken from him? i also found out that he has HEP C! i REALLY don't want my little girl around him!!


Stephanie - posted on 08/31/2012




Rachel- As far as I know, you cannot get his rights taken away. The only way for that to happen is for him to do it willingly or for the state to terminate his rights. In this case, when he's having no contact with your daughter, the state isn't going to be interested in doing that. They usually only step in when a child's welfare is in immediate jeopardy.

You should file to ammend your custody agreement so that you get full custody. He isn't in the child's life, doesn't take his visitation, you have legal proof he is violent and a fugitive. He would have to show up to court to fight to keep his visitation (in which case I would notify the authorities so they can come pick him up). If he doesn't show, the judge has no reason to not give you what you ask for.

I hope you know where he can be found, so he can be served. That will probably be the most difficult part.

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