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Roger, Attorney
Category: Family Law
Satisfied Customers: 31782
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My daughter had a child out of wedlock and he is now 7. s

Customer Question

My daughter had a child out of wedlock and he is now 7. His Dad walked out on them when her son was a baby. They never married. My daughter was granted permanent placement, they have joint custody. Her Ex married another girl as she was pregnant with his child and he had a daughter. He did not pay child support to my daughter for years until this last year a very small amount. He told my daughter when she asked him to leave after the 3rd time he walked out that he will constantly be out to destroy her. He took her to court 3 years ago and the attorney costs were over 15,000. She still has had permanent placement. He has been in contempt of court over child support, not giving my daughter first right of refusal when he had every other weekend and would give my grandson to his mother to keep so he could go out with his current fiancé. My daughter worked hard, went to night school, took care of her children and married a man who is wonderful to both of my grandsons. Now her sons father is going to fight for full custody as my daughter graduated in nursing but will only be working 1 or 2 days a week and every other weekend. She had to hire an attorney 9 months ago as he wanted more visitation it cost her $4000. Just want to know as the attorney fees are breaking her, what are her chances of losing her son if she defends herself??
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my nam is Roger and I'll be glad to assist.

If the father has been fairly absent from the child's life, and if your daughter has been the primary parent (parent who child lives with) and if there has been no material change in circumstances that would be detrimental to the child and justify a modification, it would seem highly unlikely that a court would entertain a request for full custody by the father.

Expert:  Roger replied 1 year ago.

The only apparent change would be your daughter graduating from school, but that shouldn't be viewed as something detrimental to the child's well-being, and given the child's age, I assume he is in school during the day/the majority of the work day. So, that likely would qualify as a basis for the father to seek a modification.