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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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how do i go about gaining all parental custody my sons father

Resolved Question:

how do i go about gaining all parental custody?? my son's father has not been in picture at all for 2yrs,rarely pays child support,has a long record , cant hold a job or housing..does not call or anything..i would love 4 him 2 just walk away alltogether dont see that happening though..
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- In order to change any custody or visitation order you must file a motion with the court that issued the current order. Child support is a separate issue. If he is not paying you can file a motion for contempt. Unless the father is abusing the child or is some danger to the child it will be difficult to remove him from the picture if he wants to be a part of the child's life.


I understand your frustration but as long as he's the father he has parental rights and unless he will voluntarily relinquish them you can't force him out of you and your child's life.You can ask the court to limit the visitation etc but to completely remove him is much more difficult.


Dave Kennett

Customer: replied 7 years ago.
there is no order at all
Expert:  Dave Kennett replied 7 years ago.

Well then he has no rights until he files for paternity and establishes visitation. I assume you were never married and there was no divorce decree so if there's nothing from the courts with respect to the child you can simply deny him any contact. Of course he can file for paternity etc but then there will be a court order for support issued so he may think twice about that idea.



Customer: replied 7 years ago.
no never married there is already court ordered child support,and thats the only court anything my son is six i reciently married we are happy he never talks about his dad and when he did used to visit it was such a set back with my sons behavior. we are doing so well now he has not been in the picture for a long 1 time i had a dcf case worker say she would testify on my behalf against ever giving him a child...i guess he is dating a paralegal now and is all of the sudden intrested in his boy do i wait for him 2 take me 2 court first or what
Expert:  Dave Kennett replied 7 years ago.

Well it appears there is a court order for support so therefore he doesn't have to prove paternity. All he has to do is file a motion for visitation however you can contest that at least to the extent that you would request only supervised visitation. You should also file a motion for contempt of non payment of support. While child support and visitation are separate issues you deserve the money and you should hold him responsible.



Customer: replied 7 years ago.
so should i not stress about this matter and wait and see if he even follows threw w/a motion for visitation he is not good w/follow through he may just be all talk AGAIN
Expert:  Dave Kennett replied 7 years ago.

That's probably the best plan. You have no duty to offer visitation until there is a court order. Assuming he is not trained in the law he will probably need to hire an attorney to accomplish what he wants.



Customer: replied 7 years ago.
thank you for all your help and advice David
Expert:  Dave Kennett replied 7 years ago.
No problem and thanks for using our service - Dave
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