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    sindee1's Avatar
    sindee1 Posts: 1, Reputation: 1
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    #1

    Oct 24, 2007, 03:20 PM
    Does he have custody?
    My son has a 7 yrs old son. Him and mother never married, At age 1 she drops boy at dads. She don't want him anymore. He was told he had custody because she abandon child. Then some one tells him he should have gone to court and had paper work that says he has child. He has had him 6yrs. No contact at all with the mother, no support or anything. Could she come back anytime and have a right to take the child?
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    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Oct 24, 2007, 03:24 PM
    She could seek custody, but I doubt she would if she has no contact and abandoned him. I would tell your son to go to the court and ask for paperwork on filing for full custody of his child since he has been abandoned by his mother and she has no interest in the child. If the other party doesn't contest, they should sign any forms freely and he will not have to worry about her coming to claim custody at all, and he may even be able to seek child support.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Oct 24, 2007, 03:25 PM
    He probably should have gone to court and gotten a custody order. Technically she could come back and try to take the child. The fact that he' had him for 6 years with no contact from her whatsoever weighs in his favor. He ought to go to court now, explain the situation and get a custody order established before she tries to come back.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #4

    Oct 24, 2007, 03:48 PM
    The fact that nothing was "legally" done, the mother could show up anytime and try and get the child back. But as s_cianci said, the simple fact that she abandoned the child... she most likely will not get full custody, rather visitation.

    But to be safe, I would definitely have him go to court and file for full legal custody... which since she is not around, he will be awarded and then he could file for child support as well.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Oct 25, 2007, 06:59 AM
    Hello sindee:

    YES he should go to court. YES he should get child support.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 25, 2007, 07:42 AM
    A key issue here is whether he's on the birth ceritificate. If he's not then he really NEEDS to formalize his custody through the courts. If he is, then he's on firmer ground and if the mother shows up, she is not likely to regain custody though she may get visitation.
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