QUESTION
If my son's father hasn't seen my son in a year can I petition for sole custody and what are chances I get it?
Asked on Jul 03rd, 2013 on Child Custody - Maryland
More details to this question:
In September it will be a full year he hasn't seen him. We have legal papers stating every other weekend for him but neglects to see his son. He hasn't fully complied with the agreement and sometimes pays child support. What are chances I can get sole custody?
3 ANSWERS
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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You would want to file a Motion with the court asking for sole physical and sole legal custody and asking the court for a judgment against him for the unpaid child support and wage garnishment.
Answered on Jul 08th, 2013 at 11:58 AM
Family Law Attorney serving Columbus, OH
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Law Offices of William L. Geary, Co., L.P.A.
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Even if you were to get "sole custody" he would still most likely have visitation or parenting rights. Whether you would get sole custody would depend upon the case you presented as to "why" you wanted sole custody and how it would or would not be better for your son-and, of course, the final decision would be up to a Magistrate or Judge and they are all different, from each other, in how they deal with motions for sole custody.
Answered on Jul 05th, 2013 at 5:21 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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It sounds like you already have residential custody if he was only allowed weekend visitation.
Answered on Jul 03rd, 2013 at 9:22 PM