Can I get sole custody since my son's father doesnt partake in his life? 16 Answers as of June 11, 2013

Can I get sole custody since my son's father doesn’t partake in his life? He hasn’t seen him in 5 months and before that was in and out of the baby's life?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
You most likely will be granted sole custody, but getting sole custody does not mean the child's father will not be able to see the child. Custody means which parent has the ability to make major life decisions for the child, such as residence, religion, and where the child attends school. It does not mean the other parent cannot see the child. Most courts encourage parenting time for the non-residential parent, absent some reason not to allow it.
Answer Applies to: Oregon
Replied: 4/26/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should seek sole custody of yourson under those circumstances. If his father doesn't care enough about your son to spend time with him, his father should not be entitled to physical or legal custody, whether sole or joint. He may be entitled to visitation, but if he isn't seeking visitation, you needn't seek visitation rights for him. If he seeks and receives orders for visitation but chooses not to exercise any visitation,you could seek orders terminating his visitation rights.
Answer Applies to: California
Replied: 4/25/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You may petition the courts for sole custody based on the fact that the father of your son is not actively involved in your son's life.
Answer Applies to: California
Replied: 4/24/2011
Keri Burnstein, P.C.
Keri Burnstein, P.C. | Keri Burnstein
From the very limited information that you have provided, I would say you have a good chance. I would highly recommend meeting with a family law attorney to discuss this matter in greater detail. Good Luck!
Answer Applies to: Michigan
Replied: 4/24/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
"Custody" means lots of different things to people and it does not have much clear meaning underWashington law.You can get a parenting planthat will provide for appropriate contact between the child and both parents thatis in the best interest of the child. If you think it is in the best interest ofyour child that the Father has no contact, you'll need to convince the judge that is in the best interest of the child. good luck.
Answer Applies to: Washington
Replied: 4/22/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    There are two ways, one is that he can consent to sole custody and the other is for the court to order sole custody. Hire a family law attorney.
    Answer Applies to: California
    Replied: 4/22/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There is a presumption in the law that joint legal custody is preferable so that the child will have both parents in his life. That being said if the father doesn't participate in the child's life that is one of the factors the courts look at when determining an appropriate custody award. If you wish to discuss further please contact the firm.
    Answer Applies to: Connecticut
    Replied: 4/22/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    That depends on what you mean by "sole custody" - a term that is no longer used in Colorado. As a practical matter, if father really isn't involved it doesn't make much difference what label you use. But, if you mean having complete and total control over whether father is allowed to have any contact at all, the chances are that you won't get that much control. Since there is apparently no court ordered parenting plan in effect right now, you need to need to get one established by a Court. If the father asks for specific, scheduled rights of access he will probably get them. Later, if he never takes advantage of what the court gives him, it may be possible to limit future access. As to decision-making responsibilities, the father's apparent lack of interest and involvement could result in a court giving you final say on all decision-making based on that lack of interest.
    Answer Applies to: Colorado
    Replied: 4/22/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I doubt that five months would equal abandonment. Of course you should consult counsel in your area to get a read on what your local Domestic Court judges may think. My thought is that it is a low probability. Stay well.
    Answer Applies to: Alabama
    Replied: 4/22/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, you may eventually be able to get a court to award you full custody, but that will generally take a hearing to prove what you claim in your question. Consult with an experienced child custody lawyer to get the ball rolling and then follow through. On the other hand, why bother if he's never around anyway? Good luck.
    Answer Applies to: New York
    Replied: 4/22/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    In Tennessee Joint Custody is presumed. If you want sole custody and your ex-husband agrees then you must file a new parenting plan. If he does not agree then you need to hire a family law lawyer and file a petition to modify.
    Answer Applies to: Tennessee
    Replied: 4/22/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Probably. If you are in my area and are looking for an attorney to assist you, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/21/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    The answer depends on facts that are not stated in your question. Best to call a local family law lawyer to discuss.
    Answer Applies to: California
    Replied: 4/21/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Were you married or is there an order already in place? You can be granted sole custody, but you need to make sure you are following any current court order. We offer free consultations, feel free to call us today and we will go over the law with you.
    Answer Applies to: Utah
    Replied: 4/21/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes.
    Answer Applies to: Massachusetts
    Replied: 6/11/2013
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