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The father of my 12 month old daughter has filed a false claim

against me stating that he...
The father of my 12 month old daughter has filed a false claim against me stating that he hasnt received any parenting time with my daughter and that he hasnt seen her since our first court appearance which was Nov 18th of last year. These claims are completely false and i have pictures of him and her together on several different occasions including her birthday and Christmas along with phone records showing how often or not he calls to even request to see my daughter. Ive already been awarded sole legal and physical custody of my daughter and my question is what are my chances of continuing to retain sole legal and physical custody?
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Answered in 9 minutes by:
1/18/2013
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,199
Experience: Experienced in multiple areas of the law.
Verified
Thank you for your question.

Given these facts, I would say very good. First of all, it sounds like you can more than prove that there is no good basis for the contempt motion. Furthermore, even if the judge ruled you had in fact denied him visitation in violation of an existing court order, it is not at all likely that they would award the father custody as a sanction -more than likely, they would do something like award make up visitation.

Secondly, if the father wanted to try and establish a change in custody, they would have to prove both that there has been a significant/substantial change in circumstances since the previous custody order and that it is in the best interest of the child that the court modify custody. This is an incredibly high burden to meet, because judges in family court are reluctant to change the "status quo" in absence of strong evidence. If your child is safe, happy, healthy and doing well in your care, there is no reason for the judge to modify custody.


If you need me to clarify any portion of my answer, or have additional follow-up questions, please reply back to me by selecting the continue the conversation/reply button, and I will be happy to assist you further.
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Customer reply replied 5 years ago

Ok. My problem with him is that he is physically unstable meaning he has no car, no real home, no car seat, no working telephone number and prior to the first court appearance he disappeared for six months and to this day, he rarely calls to even check on my daughter let alone request to see her. The reason behind his claim is anger because I am currently in a relationship with someone else. He's asking for parenting time modification but as stated before he rarely calls or has a cell phone number thats in service. And I have the phone records to prove it. In your expert opinion, what will most likely happen during the hearing? What should i expect?

Thank you for your reply. If he is alleging that he has been denied visitation, he has to show proof of that. Furthermore, as explained, if he is requesting a modification, he has the burden of showing that there has been some sort of change of circumstances that would warrant a modification. I'm going to assume there hasn't been, and he is just angry.

My thinking is that he won't be able to meet the burden of proof or show that there has been any change in circumstances or good reason for the court to modify custody. And, should the judge want to hear from you, once you mention that he has no car seat, no telephone number, no stability, etc., that will be the nail in the coffin against him, so to speak.
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,199
Experience: Experienced in multiple areas of the law.
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Customer reply replied 5 years ago

Ok. Thank you very much! You have completely eased my mind. Thank you

You're very welcome. Don't forget to leave positive feedback if you have not done so, as that is the only way I am credited for assisting you.
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