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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114808
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am considering splitting from the father of my child. We

Resolved Question:

I am considering splitting from the father of my child. We are unwed and he has no license. I am curious what his chances would be of getting joint custody. I am the stable partner, I have been at my job for almost 10 years and have always worked at least 32 hours a week. He moved in with me 3 years ago and hasn't hardly helped with bills at all due to his work being seasonal, he also has many hobbies which keep him away from home a bulk of the time. Our daughter is 5 months old and he is rarely around to see her and on days he is rained out, he has yet to ever pick her up from my mother who watches her during the day. I would love to receive sole physical and legal custody of my daughter and be able to desginate when he can see her. I don't want to keep him from her, but I fear what would happen if she were to get hurt and he couldn't drive her anywhere. He has mentioned that if I am away for more than 4 hrs a day he has a right to watch her over my mother. Is that true?
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 years ago.
His chances of getting joint custody based upon your description of his actions are slim. However, if he is the father of the child he does have a right to be with the child over your mother if he chooses until you are awarded sole or full custody and in that case he would have no such rights. If you decide to split, the first thing you would need to do is file a petition with the court for full custody and support. Once the court orders full custody, which they likely will, then you can do as you please with the child. The court would likely grant him liberal visitation rights and if you cannot agree on a visitation schedule the court will fix one.

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