QUESTION
My son and his exgirlfriend had a daughter, she is 10 months old now. They have shared custody . Daughter lives with dad 24/7 can he get full custody
Asked on Oct 01st, 2013 on Child Custody - Ohio
More details to this question:
He is sole provider. Mother is not employed as of now. Got fired from her job for her behavior. I am her grandmother. While the mother had her she had called me 2 different times to come get my grandaughter because of fighting in her home. I had to leave work to go get my grandaughter. My son's daughter lives with him, the mother comes and gets her only 3 or 4 days a week for about 6hrs. What are his chances of getting full custody?
1 ANSWER
Family Law Attorney serving Columbus, OH
Partner at
Law Offices of William L. Geary, Co., L.P.A.
3 Awards
Courts are mandated to treat fathers and mothers as being on equal footing regarding custody. The court will look at what is in the child's best interest. Each case is different because of having different facts. Has he been proven to be the father (other than just being on a birth certificate)? They don't have "joint custody", legally, unless a court has issued an order saying that. If a court has determined that, then he has been determined to be the father. If he has not been determined to be the father by a court, then has he executed a paternity affidavit, with the mother, to be filed with the state? If not, then he is not yet legally the father or able to easily prove he is the father. He can file an action for custody and genetic testing or go to the child support enforcement agency and ask for genetic testing to be done before he files for custody. However, he should consult with an attorney before doing any of these things.
Answered on Oct 03rd, 2013 at 5:45 PM