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Asked 4/19/2009

I know it is near to impossible for me to get full/sole custody of my 8 year old child but is there any hope for me to actually do this?

I am a 23 year old mother of an 8 year old. I want to get full/sole custody of my daughter. I have been told that it may be extremely diffucult even impossible to obtain. My daughter's father clearly wants no part in her life. He is late with child support payments and when I took him to court he complety lied under oath to make himself look like the victim and made me look like the bad one. My daughter has been traumatized with the whole situation. She suffers from separation anxiety and has a learning disorder. I told him about it so he can be motivated to see her but could clearly care less. I have put my dreams on hold for my daughter it's hard to work, go to nursing school, study for 40 hours a week, help my daughter with her own homework and do house work and yet find time for my daughter who gets paranoid when she doesn't see enough of me. My daughter's father is supposed to see her every Thursday and every other weekend, but in one month he has only seen her once, and called once too. My daughter is scared of her own father, who has become a complete stranger to her. By court order we were supposed to take family counseling but he has not made an effort to go. I know he is on probation with a felony can that help me get custody?

 
 
 
 
Answers

Answer 1/2 - Submitted 4/27/2009

I do not know who told you that it is unlikley that you could get sole custody of your child. The court does not usally allow for a change in custody once ordered, at least the court usally will not let the parents go back to court within a two year period of the orignal custody order. It depends on the state your in and you can find out the laws in your state by going on line at lawsoncustody.com and type in your state in the search box. I can tell you that if the court has stipulated that both parents go though counciling and one parent does not follow that stipulation you can file in court against that parent for contempt of court. That could mean that the court could stop visitations and order supervised visits until that parent completes the program. If the father still refuses to follow the court order youn could file for sole custody and also take his visits stopped until he shows the court that he has com;lied to the order. Sounds like he does not care from what your stating so that can be to your advanage. Hopefully he does care and trys to do what is right the court looks at the best interest of the child not the parents so he better think before not compling with the court.

 
 

Answer 2/2 - Submitted 5/1/2009

Thank you so much for your answer. It just gives me some kind of hope to look forward to. All I want is for my daughter to be ok because this has been affecting her tremendously. I'm just tired of seeing her sit at the window watching the cars pass by waiting for one of those to be her dad.

 
 
 
 
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