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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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I am a married mother of 2, my son is 7 from a previous relationship.

Customer Question

I am a married mother of 2, my son is 7 from a previous relationship. His biological father and I have a civil agreement filed with the courts from 6 years ago granting me sole custody with him having supervised visitation at his mothers. In the last 18 months he has seen the child 11 times, never initiated by him, always by his mother for family parties, etc. He has never called my son on the phone or attended school or sporting events. We also have a civil filed support agreement that he is now $22.000 behind. My husband of over 3 years considers my son his own, and my son refers to him as daddy and my ex as his friend, my son has asked many times to even change his name to my husbands.
My ex has filed to amend our agreement and wants shared custody with unsupervised visitation and overnight visits. Should I be concerned, is there a chance that the courts will force him to waive his rights and allow my husband to adopt my son.
Submitted: 6 years ago.
Category: Legal
Expert:  John Legal replied 6 years ago.

Thank your for asking Just Answer,

 

First, given your ex's track record for visitation and custody then you should not be concerned over a Court deciding to give him joint custody. Courts do generally favor as must visitation or shared custody as possible but his lack of really giving an effort through the years does not lend itself to convincing a court to give him more custody.

 

Second, actually getting a court to take away parental rights and give them to your current husband is very difficult. Generally a court will have to find no communication or visitation for years as well as failure to pay any child support. Even the minimal visitation that your ex has had over the years is likely enough to prevent him from having his parental rights taken away.

 

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