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Swista · Jan 28, 2009, 12:42 PM

Hi,
I have a 7 year old daughter, her father have never seen her , and never paid child support. He uses drugs and alcohol. He also has 3 other kids with 3 different women. I am now getting marriage and my daughter calls Luke dad and she is his world and vice versa.
My question is is there a possibility that I would get sole custody for her?

Justwantfair · Jan 28, 2009, 01:03 PM

You have sole custody currently.

JudyKayTee · Jan 28, 2009, 01:17 PM

Originally Posted by Swista

Hi,
I have a 7 year old daughter, her father have never seen her , and never payed child support. He uses drugs and alcohol. He also has 3 other kids with 3 different women. I am now getting marriage and my daughter calls Luke dad and she is his world and vice versa.
My question is is there a possibility that I would get sole custody for her?

Is the father acknowledged as the father - name on the birth certificate, DNA testing, Court Order?

Swista · Jan 28, 2009, 01:20 PM

Yes the father is on a birth certificate. No DNA and no court orders.
I would like to go to court and fight for sole custody and I don't know if there is any possibility that that would be grant to me?

JudyKayTee · Jan 28, 2009, 01:26 PM

Originally Posted by Swista

Yes the father is on a birth certificate. No DNA and no court orders.
I would like to go to court and fight for sole custody and I dont know if there is any possibility that that would be grant to me?

Why are you going to Court if he never sees the child, doesn't pay support, has no interest in the child? You have sole custody now.

If you are thinking of your boyfriend/husband adopting your child you would need the father to consent and who has custody is immaterial (if that's the direction you plan to go).

If you take the father to Court with some sort of sole custody request - which you really don't need - and he responds I would be prepared for him to minimally receive visitation with the child. Of course, you could get a support order which he may or may not pay.

I'm not sure you want to start this whole ball rolling.

Swista · Jan 28, 2009, 01:30 PM

He is on the birth certificate therefore I can not make her a passport with out him signing it, or when I go on vacation every time he would have to sign a paper from a lawyer saying he is allowing her to go. This is a reason I would like to get sole custody done by court because I can not go anywhere with her because he is not allowing me to do so.

JudyKayTee · Jan 28, 2009, 02:28 PM

Originally Posted by Swista

He is on the birth certificate therefore I can not make her a passport with out him signing it, or when I go on vacation every time he would have to sign a paper from a lawyer saying he is allowing her to go. This is a reason I would like to get sole custody done by court becuase I can not go anywhere with her because he is not allowing me to do so.

It doesn't sound like he isn't allowing it. It sounds like the Government isn't allowing it or something elseis going on here.

But, anyway, go to whatever Court in your area handles these matters (possibly Family Court) and ask for sole custody and support, while you're at it. He may or may not appear. I don't understand why, if there is no contact, he needs to sign for you to go on vacation - unless you're leaving the Country. How does he even know where you are?

Be prepared for him to suddenly appear for ordered visitation following the Court appearance because I see no way you can strip him of his rights and I wouldn't be surprised if the Court would order when and where you can take the child even if you have sole physical custody.