QUESTION
How can I get sole custody of my 5 year old son?
Asked on May 16th, 2013 on Child Custody - Massachusetts
More details to this question:
I have a 5 year old son whose father walked out when he was 3 months old. Since he left, he only saw his son once maybe twice a year, his birthday and Christmas and it's not all the time. There's never been any visitation set up nor has custody been established. So I want to get sole custody.
8 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You should consult with an experienced family law attorney to review your options. It sounds as if you and the father were never married. Is he paying child support? Is there a DES establishment case? There wold appear to be a couple of options. One is to file a paternity action, to establish your sole legal decision making (custody) authority. The second might be to file a petition in the Juvenile division of the the Superior court to terminate father's parental rights. Both of these actions are fact intensive, meaning that you must provide the attorney you consult with a great number of facts, because there may be facts that you have not related here which suggest the better option to reach your goal. Of course, there may be additional options available that can be explored with counsel. transmission and its attachments without reading them.
Answered on May 17th, 2013 at 1:00 PM
You have sole custody.
Answered on May 17th, 2013 at 12:59 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If there have never been orders, you have defacto sole custody, but if you want orders, you need to file a motion with the court and have him served.
Answered on May 16th, 2013 at 12:19 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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Contact a family law atty in your area to proceed properly.
Answered on May 16th, 2013 at 12:19 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you can do is ask the court. If dad doesn't fight, it will be easy. If he does fight, you have a basis for giving him a highly restricted visitation schedule.
Answered on May 16th, 2013 at 12:19 PM
You need to ask the court to order sole custody. You should consult an attorney.
Answered on May 16th, 2013 at 12:18 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If you weren't married, until or unless a court order says differently, you do have sole custody and placement.
Answered on May 16th, 2013 at 12:17 PM
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If you were never married and you are the biological mother of the child, you have the presumed sole legal and physical custody until a court rules otherwise or you signed an agreement that the father could have joint legal custody. If this is the situation, you may need to do nothing. However, if you want to enforce payment of child support, you may have to establish him as the father and at that point he may seek joint legal custody. However, you can contest his request and if the facts are strong enough, you should prevail.
Answered on May 16th, 2013 at 12:17 PM