How can a father get custody of his 4-year-old daughter? 4 Answers as of August 22, 2013

My fiance and I are trying to get custody of his 4-year-old daughter. He has been paying over $300 a month for a child that he does not get to see due to the mother not wanting him to. She claims on the days set up that she is busy. Last Christmas she lost her home and lived in a shelter for over a month at which time we took care of the little girl so she wouldn't have to go through that. As soon as she got a place she no longer kept in contact for us to see the little girl. Financially we are better off to provide for her in our 2 income house hold. Any help would be appreciated.

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Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
If custody orders have not previously been established, then your fiance will need to file a petition to establish decision making authority (legal custody) and parenting time (physical custody). Once the court enters orders regarding the visitation schedule, either agreed to by the parties or through a trial, then those orders are enforceable. Your fiance at that point can call the police and she can be cited with custodial interference if she fails to follow the court orders.
Answer Applies to: Arizona
Replied: 8/22/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
He should get an attorney and file for child custody modification. He should also, the next time it happens, move for her to be held in contempt for not abiding by the present court order.
Answer Applies to: Idaho
Replied: 8/22/2013
Harvey Law Office, PC
Harvey Law Office, PC | Andrea Harvey
It depends on when the last custody award was granted. This however does sound like a sufficient change in circumstances that could justify a change in (physical) custody. There also sounds like in the interim there are some visitation issues that need to be addressed. I do not advise going this alone. Hire counsel. Someone needs to help properly articulate those arguments for you.
Answer Applies to: Illinois
Replied: 8/22/2013
Padove Law | Burton A. Padove
You need to contact a local attorney to file a Petition to Modify. It sounds like you have a good grounds if properly handled.
Answer Applies to: Indiana
Replied: 8/22/2013
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