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    smiller123's Avatar
    smiller123 Posts: 6, Reputation: 1
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    #1

    Jun 10, 2010, 10:06 PM
    Can I get full custody of my kid if her dad has not been supporting her or even been
    I have a daughter who is now five. Her sperm donor as I call him left her when she was 1 yr old and never help support her or even visit or call in four years.We were never married and he is threathing that he will come and take her now. He even moved to Colorado, he just now in the last 6 or 7 months started calling, but only occasional and he don't even talk to her on the phone he just wants to talk to me. But is there anyway that I can get full custody of since he abandon her when she was 1? Please I need help.
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #2

    Jun 10, 2010, 10:35 PM

    Have you filed for child support and custody? If not, you should. And if he wants visitation, great. Let him go to court and ask for it. It'll ultimately be up to the judge whether you get full custody. But unless there's details you haven't told us that would make it a bad idea for your daughter to see him, I see no reason why he wouldn't get at least visitation if he were to ask for it.
    smiller123's Avatar
    smiller123 Posts: 6, Reputation: 1
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    #3

    Jun 11, 2010, 08:31 AM

    I have had a PFA on him before in 08 from him sendng threating text messages to me and he was facing criminal charge on abusing me but at the same time my dad was in the hospital and he was calling a threating to kill me while he was in jail so I never went to court and they drop the charges. He don't support her so I don't see why he should get visitation, she don't know who he is. My fiancé is her father now and has been since he left. Would that matter in the case?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 11, 2010, 09:27 AM

    First support and visitation are separate things. One rarely has anything to do with the other. I gather you were never married. Is he on the birth certificate?

    In any case, if you were not married you currently have full custody. That doesn't mean he can't get partial custody or visitation but it means he will need to go through the courts to get it.

    You should have filed immediately for custody and support when he left. Do so now.
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