If I take care of my child 24/7 the father has seen the child 2 times in almost 3 years, how do I get full or primary custody?

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If I take care of my child 24/7 the father has seen the child 2 times in almost 3 years, how do I get full or primary custody?

I had paternity test to confirm she is his child. He joined the army and pays child support but the minimum. He just got married. Now he wants all rights to see and take my child. What can I do? Where should I start? I want full custody since I’ve been taking care of her full time. I’ve never missed a day with her. I went to court for child support but that was it.

Asked on June 13, 2015 under Family Law, Colorado

Answers:

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

Answered 6 years ago | Contributor

I can hear the panic in your voice and I totally understand that you fear that your child is going to be taken from you.  But I assure you: tat is not the case.  But you do understand, however, that her Father is entitled to time with her and generally courts award parents joint custody for decision making pruposes but you would be the custodial parent and primary caretaker.  She would live with you and he would have visitation.  Courts try and foster relationships between parents and children.  And they would give great weight to the fact that you have been her sole caretaker all these years.  I would speak with a lawyer in your area about state specifics.  Good luck.


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