Family Law Questions? Ask a Family Lawyer Online.
Good morning. I certainly understand the situation and your concern. Yes, you could proceed through the court and ask to be awarded full custody. If the father has essentially abandoned the children and has no contact with them and has made no effort to be involved with them, there are grounds to support your motion to modify custody and have it awarded to you. With the court order in place, allowing him visitation 2 nights a week, he could still show up and exercise that right. As such, you want to modify it and take it away, to prevent him from doing so and ask the Judge that he be required to contact you first if he wants to see the kids, instead of just being allowed to show up and take them, based upon what has happened over all this time. If he did show up and you did not let them go, then he could try and hold you in contempt of court and it would be up to the Judge to decide. The Judge is always going to act in their best interest, so you would need to show that taking away this visitation at this time, would benefit the children, since there is no relationship with them.
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