QUESTION
Will I get custody over my son if the father never attempted to see him?
Asked on Aug 23rd, 2012 on Child Custody - Alaska
More details to this question:
My child’s father is in jail. He filed for visitation and I filed for custody. My son does not know who he is at all and only saw him ten times in the first three months of his life, which the only time he was out of jail. During and after my pregnancy, he provided nothing and never sent birthday cards or never attempted to see him. My son is now three and a half and knows my boyfriend as his father. We already been to court and we will have our second appearance. I have text messages and phone recordings proving he lied about statements made during our first appearance in court. Do I have a chance at winning this?
12 ANSWERS
Dave Hawkins
Yes.
Answered on May 28th, 2013 at 9:54 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 10:14 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes.
Answered on May 22nd, 2013 at 10:01 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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In Ohio, you have custody by law, as an unmarried mother. The father is eligible for parenting time. However, you can ask the court to put safeguards in place, such as supervision, until your son gets to know him.
Answered on Aug 27th, 2012 at 2:37 PM
1 Award
Yes, you have a good chance at getting custody.
Answered on Aug 24th, 2012 at 2:33 AM
Keven A. McKenna
This is not a guessing contest for on going proceedings. Ask your attorney. The judge will decide. There are statutory standards to be applied to the facts by the judge.
Answered on Aug 24th, 2012 at 2:31 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Certainly, the fact he is in jail will be a negative on his side. But there are never guarantees.
Answered on Aug 24th, 2012 at 2:31 AM
Provided you can prove the total lack of contact during the Birth-Father's [BF's]incarcerations (certified copies of sentencing orders and jail/ prison records) and the non-support, you should succeed in getting full custody and perhaps supervised parenting time. If he was convicted of criminal sexual conduct (various sections), he may not be entitled to any contact whatsoever. You should have an attorney to present this information to the Court. Has there been a Friend of the Court investigation, and if so, what is recommended? You should argue for a psychological evaluation first and, if that shows no aberrations, start with very limited, supervised parenting time at the BF's expense, gradually increasing to reasonable parenting time, provided the BF exercises regular parenting time and is no danger to your child. Good Luck!
Answered on Aug 24th, 2012 at 2:31 AM
Barbara A. Fontaine
Why do you even ask? What chance would HE have? None. Maybe you can get a child support order while you are there and if he wants visitation, it should be supervised.
Answered on Aug 24th, 2012 at 2:30 AM
Dennis P. Mikko
If the father of the child is in jail, you will be awarded custody. The father may have a right of parenting time but it would most likely start as supervised once he is out of jail and if all goes well, it would advance from there. The mere fact that he is in jail raises a question as to his ability to be a parent.
Answered on Aug 24th, 2012 at 2:30 AM
Suzanne H. Lombardi
In Alaska it is difficult to answer your question without more details about the first hearing. Was custody established? What do the text messages and recordings say? I would suggest that you get an attorney to help you with this second hearing. It is difficult to say if you have a chance at winning the case without more detail. But I would advise you to get an attorney soon so they can help you.
Answered on Aug 24th, 2012 at 2:29 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington state, "custody" doesn't have a clear meaning. Access and rights to the child are governed by a parenting plan.
Answered on Aug 24th, 2012 at 2:29 AM