What are an absent father’s chances of getting awarded joint custody?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are an absent father’s chances of getting awarded joint custody?
I’m a single mother of a 15 month old baby boy. The father and I called it quits when I was 8 months pregnant. Since my son has been born his father has visited him no more than 10 times. He does not help out financially. He does not acknowledge my son on hlidays, etc. (birthday, Christmas). He is more than welcome to visit my son at our home but I am uncomfortable with him taking my son by his lonesome; my son is not familiar with his father. He threatened to take me to court for 50/50 custody. What are my rights and options? Is this possible to work in his favor even though he has not helped out financially and is absent in my son’s life?
Asked on October 28, 2012 under Family Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
Considering your son is 15 months old and the child's father has had little contact with him, the court is never going to grant a 50/50 custody order. I suggest you consult with a family law/divorce attorney to help you collect child support from the father. As a part of that process I'm confident you would be able to get a favorable child custody order granting the father of the child some sort of visitation schedule.
If you are in the Los Angeles or Ventura County area, feel free to contact me.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is entirely possible that your son's father could sue for some semblance of custody with respect to your child and be awarded such. However, since he does not pay for child support it seems that his threats for custody are designed to keep you from filing for support. I suggest that you consult with a family law attorney about your matter and what your legal options are. From what you have written the chances of a custody change seem unlikely.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.