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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28060
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My daughters, 6 and 18 months, have not had any contact with

Customer Question

My daughters, 6 and 18 months, have not had any contact with their father for a year now. He basically walked out and i have not had any contact with him. Should i file a motion to get full custody of them? would I have grounds to do so? the court ordered say he had 2 nights a week with them, he did not like that so he is has chosen to walk out of their life. The 18 month old does not even know him. I am just scared that i would be in contempt if he was to knock on the door and want to take them?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

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.

Expert:  FamilyAnswer replied 1 year ago.

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Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!