QUESTION

Can my son's dad get custody if I already have sole custody and he hasn't been in my son's life?

Asked on Oct 29th, 2013 on Child Custody - Oklahoma
More details to this question:
I have full sole custody of my son. I got custody not long after his father and I separated. His dad moved away to Florida. He has only seen my son a handful of times. My son knows who he is but doesn't connect with him. He doesn't know anything about my son. My son has medical conditions which needs to be attended daily. I own my own home and I have a full time job. I take my son to every doctor's appointment. His dad doesn't have his own home. He lives with his family and he works from 7 pm to 7 am. He has told me before that he doesn't think my son needs to be on his medications. My son is 6 years old and doesn't want to talk to his dad. On the rare occasions that his dad has called to talk to him, my son would lay the phone down and continue with what he is doing or he would hang up on his dad. He doesn't know what to talk to him about. My son acts like he's bored with the same questions that his dad always asks and when my son answers him, it's like an automatic response. When my ex filed for custody recently, he didn't even have all the correct information. He put a phone number on the paperwork that I haven't had in 4 1/2 years. The sad part is that he has my correct phone number. He didn't even file in the correct district. He filed in a district that I haven't lived in for over a year now.
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5 ANSWERS

Bruce Provda
Well if his filing was so incorrect I'm not sure what your concern is. If he gets a hearing then you need to get an attorney and oppose him.
Answered on Nov 01st, 2013 at 3:11 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get an attorney, it would appear that his actions give you the possibility of terminating his parental rights.
Answered on Oct 31st, 2013 at 6:35 AM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
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Yes, your ex could get sole custody. Whether a judge would grant the order is a different question. The court makes a decision on what is in the best interest of the child based on the evidence admitted into evidence. You should contact a local family law attorney who will know how to present the evidence in the correct way.
Answered on Oct 31st, 2013 at 6:35 AM

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If he filed where the case originated, he filed correctly until the case is transferred. A decision to change custody rests with the court, using the standard of best interests of the child. Absent something missing from this story, there does not seem to be any material change in circumstances that would warrant a change in custody. All the same, it is your child, and your happiness, and you should engage counsel to represent your interests, and request that separate counsel, to be paid jointly by you and your ex, be provided for the child.
Answered on Oct 31st, 2013 at 6:34 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Your ex won't get custody, but he will get visitation because the court's have an obligation to maintain the parental relationship with both parents. Also, if your ex filed where the original case was heard, that is proper. It may be appropriate to ask for a change in venue, but because custody is a continuing issue, the original court has jurisdiction unless it waives it. Finally, you should be aware that your ex can make a big deal about you not encouraging your son to maintain the relationship. You should not allow your son to put the phone down, etc. You may not like your ex anymore, but it is your obligation to help in maintaining the parental relationship also.
Answered on Oct 31st, 2013 at 6:34 AM

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