Can an absent father get custody?

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Can an absent father get custody?

I have a child. Never have been married. Daughter has lived with me for her whole life. The father never made a huge attempt to be part of her life or pay child support. Now he has filed for full custody. CPS removed my daughter due to allegations but returned her to me due to the allegations being fictitious. This has been very stressful for me. I can’t afford a lawyer and don’t know what to do. An ex-parte hearing is scheduled. I wasn’t even served with papers. In the declaration it states several false statements, which I can prove.

Asked on September 29, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Please, please, please calm down.  I know that as a Mother when something effects your child it can make you crazy.  But you need to calm down and think logically.  First, you need to obtain an attorney.  Try legal aid or your local bar association for pro bono (free) help.  You have to be able to qualify for something.  You need to prove that he has been ab absentee father and that you think that he must have some ulterior motive here to be attempting to obtain full custody after all these years.  You need to use the false allegation issue AGAINST HIM.   You need to show that he has no moral character and that he makes false allegations.  What ever proof you have about these false statements bring them.  Try and lay your proof out in a logical format and write down your arguments on each point (sometimes in the heat of the moment you can forget something important).  Good luck to you.


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