I want to file for sole/full custody of my son, as I learned in court today that me and his father actually have joint custody. He does not pay child support (although it was court ordered) nor does he exercise his right to be involved or see our son. Today we had to go go to court because his mother filed a petition for visitation but of course, the petition was withdrawn because I never denied visitation in the first place. The judge said that it was up to the father to decide on visitation with our son. I explained to the judge that there was no communication, monetary support or visitation on the fathers behalf and she simply stated that he had to start stepping up as a parent and we all had to come to our own mutual agreement as the courts could not help in this matter. As we left he court room, the father stated that he had nothing to say and that we had to figure it out ourselves, despite what the judge had just told him 2 minutes before. I do not want him to try to take our son anywhere one day based off his mothers persuading against my will or knowledge as Im afraid he may do, so I want full custody. There have also been two dangerous situations where our son could have been seriously injured or dead due to his fathers negligence, one resulting in a cps case on him that was closed about a month after it was opened.

Sounds like you have little chance since the judge already ruled. It seems the grandmother is the driving force here so why don't you make an arrangement where the grandmother can see the child on a reasonable schedule. While you may be able to force the father to pay support (are you doing so) you can't force him to be a part of the child's life.

Well, due to an incident where his mother brought our son home wet through three layers of clothes, and finding out she had taken him places We already discussed he was not aloud. I told her that her visitation could be just about whenever but it had to be at my house. She doesn't like that and the judge told her that she wasn't being denied visitation so there was nothing the court could do for her. I don't want to force the father to be in my sons life because after today I realized unfortunately it won't happen, so I want full custody. There's no point in him coming to court with me when his mother decides she wants to file a petition when he's not involved with our son on any level. He pretty much has no clue about what happens with our son ever. I guess I just want to make sure I'm in full control since I have full responsibility.

The only way you can get full custody is if you have him sign over his rights. The only bad thing is that most judges will not accept the signing over of the rights. You may go to social services about him not paying the child support and they will have him put in jail if he continues to not pay. That might just be enough to straighten him up, but you never know.

Sorry I posted my comment as an answer. But also to answer the question, we went to court for childsupport, I never received anything bcs he won't call to give employment info as the cust. Serv. Line for child support said was needed.

Well I don't think he's working now or getting unemployment but that might be a lie. I think it wld be crazy not to grant me full custody if he willingly signs his rights over.

Actually you did it right. The Comments are just for a short comment on a response. If you want to add follow-up info or questions use the Answer options.

The child support agency has subpoena powers to compel him to provide employment info. Child support is ordered by a court, its illegal to defy a court order. You need to stay on top of that.

I can see your requiring the mother to visit in your home. If you really want to go for full custody, you will probably need an attorney.

Will I still need an attorney if he gives up his rights willingly.

Only a court can take away parental rights, and they are VERY reluctant to do so.

You get an attorney, you file in court for full physical and legal custody, and you file to enforce child support. The father isn't exercising his rights--what is there to take away?

Again, don't use the comments for follow-up.

He can't give up his rights voluntarily. Only a court can terminate rights and they will not do so except in very specific circumstances. Generally only to clear the way for an adoption.

So I can see it's close to impossible for me to get full custody. But I only wanted full custody because Im worried that his mother may try to persuade him into running off with my son one day or doing something that I cnt fight because he has joint custody. I just want to make sure all of my bases are covered because neither of them tend to have sound judgement when it comes to the right thing to do for the person who really matters which is our son.

While he may have joint legal custody, you still have primary physical custody, correct? That means he cannot run off with your child without violating the court orders.

Yes, any paper work for our son shows my address. He lives with me and I'm the primary/only care taker.

Then you shouldn't have a fear that he can run away with him.