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jammers0923 · Apr 16, 2010, 03:18 PM

I was wondering how a father who has been out of a child's life for almost 2 years can go to court and file a case to get sole custody of a child? My child's father hasn't been in her life for almost 2 years now and just recently filed a motion to take me back to court for sole custody of her and wants child support dropped completely. He also claims she lives in a dangerous living situation because she has been in the hospital for a couple injuries she has had. One time she scrapped her head while she was learning how to walk and the other she got ahold of soft scrub with bleach and drank a small amount. I called the poison control center immediately and took her to the hospital where they told me it was non-toxic. He also has only been paying child support since May of last year and has only seen her 8 times in the past 2 years with 6 of them being recent. He expected me to just drop her off with him after 6, 1 1/2 hour visits and I wasn't comfortable because I don't believe she knows him well enough to get dropped off yet. He has text me in the past telling me the only way he would come back into her life is if I would drop child support so I don't see how he could even have a case.

ScottGem · Apr 16, 2010, 03:24 PM

You have to understand that anyone can file anything. Apparently he's trying to blackmail you to drop support. The likelihood is that he will not get sole custody. He may get some extended visitation which might reduce his support.

jammers0923 · Apr 16, 2010, 03:28 PM

Ok and do you know if I would be able to ask for supervised visitation? I am not trying to keep her from seeing him, but I do not trust him with her he has anger issues and I am afraid that if he gets mad at her or her younger sister which is 3 months and 2 days younger that he may take it out on her.

ScottGem · Apr 16, 2010, 03:35 PM

You can ask. If you can prove the anger issues, there is a good chance you will get supervised visits.

Do you have an attorney? If he has one and you don't, your chances are greatly reduced.

jammers0923 · Apr 16, 2010, 03:41 PM

I was debating on getting one because I don't know if he has one or not, but am leaning more towards getting one because I don't want there to be any chance of him getting custody of her because of the fact that I have been the only parent she has known for almost 2 years and we would be lost without each other. I would only be able to prove the anger through text messages because he had punched holes and what not in his old house, but it unfortunately for me got destroyed yesterday so I wasn't able to get any pictures of it. I have verbally heard him as well but again that would be considered hearsay which I do not believe would help me in court.

Fr_Chuck · Apr 16, 2010, 05:01 PM

He will most likely get visits, how much will depend on many factors, if he has not seen the child any in 2 years you may require it ( with court permission) to be supervised, or at least try

cdad · Apr 16, 2010, 05:18 PM

Originally Posted by Fr_Chuck

he will most likely get visits, how much will depend on many factors, if he has not seen the child any in 2 years you may require it ( with court permission) to be supervised, or at least try

From what the OP has already stated he has seen the child and on greater instance as of late. Its more a matter of the OP witholding the child from the father. And now its going to be up to the courts to decide. I find it amazing when the mothers start playing games with the children and then claim anger issues of the other parent. It shouldn't be a surprise as its all part of parental alienation.

cdad · Apr 16, 2010, 05:22 PM

Originally Posted by jammers0923

I am not trying to keep her from seeing him, but I do not trust him with her he has anger issues and I am afraid that if he gets mad at her or her younger sister which is 3 months and 2 days younger that he may take it out on her.

Was it twins and one was birthed early or was this a typo in the statement ?

jammers0923 · Apr 16, 2010, 05:32 PM

Yeah he seen her twice when she was about 3 months old and seen her 6 times in 2 weeks starting march 16th. But hasn't seen her since he filed the motion, when he had said he was doing it and still wanted to see her and I tried to set up visitation and he blew her off.

jammers0923 · Apr 16, 2010, 05:36 PM

No there are 2 girls, they are half sisters and are 3 months and 2 days apart. I also am not withholding him from seeing her I've attempted numerous times in the past and recently to give him time to see her he blew her off. I even dropped her off once and while he was doing his own things, my daughter was spanked by his wife for biting their daughter. It was hard for me to trust them because I tried talking to them about spanking her because she has never been spanked and wanted them to ease in on that type of discipline not just do it because she isn't used to it and I found it not to be fair to her, and he told me I will do what has to be done when they are bad.