QUESTION
Can the father of my daughter come back seven years later to fight me for custody?
Asked on Oct 18th, 2011 on Child Custody - New Jersey
More details to this question:
I have full custody of my daughter, who is 15. Her father has never been a part of her life and has simply disappeared for the past 6 years. He never showed up for our custody hearing and I got full custody. Now, I got a call from him yes 7 years later saying he hired an attorney and looking to fight me for custody. Can he do this? Looks like he is trying to modify parenting decree. FYI, he pays no child support and ever has.
16 ANSWERS
Steven D. Dunnings
Yes.
Answered on Jun 07th, 2013 at 12:11 AM
Criminal Defense Attorney serving Quincy, MA
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Law Firm of Neil M. Kerstein
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The father has a right to bring you into court but it does not mean he will be successful. The court will consider each parent's relationship and behavior towards the child, the best interests of the child, child support and visitation. Since the child is 15, her wishes can count also. I advise you to seek consultation with an attorney at your earliest convenience.
Answered on Oct 20th, 2011 at 2:27 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Can he file to modify custody? Yes. Will it result in a change in custody? Likely not.
Answered on Oct 20th, 2011 at 1:35 PM
Glen Edward Ashman
Ignore what he says. If he really hires a lawyer, get one. If the facts are as you stated, your lawyer should prove very helpful to you.
Answered on Oct 20th, 2011 at 12:46 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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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.
Answered on Oct 19th, 2011 at 11:33 PM
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.
Answered on Oct 19th, 2011 at 10:30 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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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.
Answered on Oct 19th, 2011 at 10:11 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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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.
Answered on Oct 19th, 2011 at 6:04 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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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.
Answered on Oct 19th, 2011 at 5:39 PM
Gary Moore
Have no fear. Having failed to act as a father for seven years his custody of getting custody are nil and none.
Answered on Oct 19th, 2011 at 5:34 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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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.
Answered on Oct 19th, 2011 at 4:42 PM
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.
Answered on Oct 19th, 2011 at 4:42 PM
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.
Answered on Oct 19th, 2011 at 4:30 PM
He can TRY and do anything, unfortunately. The chances of him winning is another story altogether, however.
Answered on Oct 19th, 2011 at 4:29 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Sure he can. The more relevant question; however, is can he win? NOT!
Answered on Oct 19th, 2011 at 4:28 PM
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.
Answered on Oct 19th, 2011 at 4:28 PM