Can the father of my daughter come back seven years later to fight me for custody? 36 Answers as of October 24, 2011

Yes, he can try. But he's highly unlikely to be successful. On the other hand you should be filing a petition for support (or arrears).

The father of your child can try but he cannot be the primary caretaker of the child unless there is something wrong with you or the child.

He can try but the question is whether he would succeed. At age 15, your daughter's preferences would be considered. You can actually consider seeking to terminate his parental rights if he truly has not had contact or maintained a relationship with your daughter for 7 years. In the event he files any petition to modify, I would also consider having an arrears calculation done and pursuing contempt for non-payment of child support. You should consult an attorney.

Assuming that there is a parenting plan in place, then your ex-spouse would have to follow the parenting plan modification procedures. This can be very difficult to do. Therefore, while your ex can file to change the parenting plan, whether he will be successful at it is another question entirely. It will depend on the details of each of your particular living situations.

Yes, he can ask to modify the current court orders anytime until the child is 18. It doesn't mean he will get all, or any, of what he wants. The judge will make a decision based on the best interests of the child after considering all the available evidence.

You need an attorney( like your ex has )to properly protect you and your daughters legal rights. With the passage of time and your daughters age, it's highly unlikely he will change custody but he may impose a visitation on your daughter that would not be in her best interests. I urge you to pursue collection of any support arrears he may owe and examine if the child support should be increased.

He may not be able to obtain custody, unless something significant has happened. However, there is a good likelihood that he will be able to have visitation or timesharing with his daughter if he wants it. You should consult with an attorney in order to best protect you and your daughter's rights, as well as explore your potential options.

He can try to gain access to the child but my guess is that the contact would have to be gradual and there may have to be counseling. Doubtful that he would be able to gain any custody rights.

He certainly can file a complaint to modify the custody order, but whether the custody order will in fact be modified will be dependent on many factors that will need to be examined by the court, including his absence from your child's life as well as his failure to pay child support.

Father can try and do whatever he wants, doesn't mean the court will grant it. IF he does get custodial time, it will be a slow process of transition. Dad has a lot to prove - for your daughter's sake, you should retain the assistance of an attorney who will assure that your daughter's best interests are forefront. You don't know that Dad is even going to follow through with attempting to gain custody - so talk to a mental health counselor yourself about when/if/how to present the issue to your daughter. If dad does get some custodial time, YOUR obligation is to get your daughter into a reputable mental health counselor who has experience in abandonment and reunifications. If you can, get the court to order reunification services - that way, both daughter and dad meet with a counselor separately, and are only seen together when your daughter is ready.

Have no fear. Having failed to act as a father for seven years his custody of getting custody are nil and none.

Yes, he can do that. You should hire an attorney as well, so you can seek/enforce child support, among other things. Best of luck.

Yes, the father can show up seven years later and request custody. However, depending on his arguments, it is unlikely that his request will be granted.

First, don't let him get away without paying child support. If he can afford an attorney to fight for custody he can pay child support. Visit your local Department of Job and Family Services Office to get the process started. Unless you have some serious skeletons in your closet, it is extremely unlikely that he will get sole custody. He may be awarded visitation. He may even be granted shared custody. You need to discuss to factors that may determine his rights with a domestic relations attorney.

Child support and child custody/visitation are two separate issues that can interrelate. Almost everything that has to do with your child can be modified by request of either party during the child's age of minority. So yes, he can try to modify the custody/visitation. However, there may be a great many things in your favor. Has he served you with any documents? You should take the time to meet with an attorney and discuss your case specific issues directly with counsel.

Can he try? Yes, is he likely to win? No. I wouldn't worry until or unless he files paperwork. Then you are sent to mediation. If that doesn't work, a GAL is appointed to determine what is in the best interest of your daughter.

Yes, but more like than not he will not be awarded custody.

It is very unlikely that he would get custody. He may however get some sort of visitation.

He probably does have standing to try, but whether he will be successful is a different story. If he does file something, you will be obligated to respond.

A court will always look at the best interest of the child when considering custody of a minor. Considering that the father has been absent for so long, there are strong arguments against awarding him any custody rights, and your lawyer would present those arguments. However, a court may considering some form of visitation - starting with letter writing and phone calls - if the father seems fit to be in the child's life. Your lawyer would also argue on your behalf regarding visitation. If there was a court order for child support, the father could be held in contempt of the court order if the appropriate motions are filed.

If these are the facts, it would most likely be a unsuccessful custody fight for him. You need to get an attorney to protect your rights during this process though. It may be that you and him can work out something other than an ugly custody battle.

He can TRY and do anything, unfortunately. The chances of him winning is another story altogether, however.

Sure he can. The more relevant question; however, is can he win? NOT!