Can I get primary legal custody of my daughter if her father hasn’t seen her in 4 1/2 years?

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Can I get primary legal custody of my daughter if her father hasn’t seen her in 4 1/2 years?

She has no idea who he is. He quit his job almost 5 years ago and left. He was supposed to pay child support but is behind because he keeps losing his jobs. I’ve been the one that truly provides for her.

Asked on April 13, 2012 under Family Law, Pennsylvania

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

Not necessarily. He can be in trouble for not paying the child support and can go to jail for non payment of child support. It is an extreme step and court is careful in issuing such order.

In order for you to get primary legal custody, the court will look at all the factors of both of your lives and make a decision what is in the best interest of the child. Not paying the child support because he has lost jobs is not a good reason which will enable you to get primary legal custody.

I suggest you see a divorce lawyer in person and get full advise on the issue as it pertains to the facts of you case. It appears gettinig primary legal custody is important for you hence in-person consultation with a divorce attorney is the best solution.

 


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