Man has child with woman. Never married. 4 years later, man marries new girl. Ex girlfriend who is child's mother, disappears for 6 months with no contact of any sort. After having the child in his care (not a legal decision) for 6 months, the ex (and biological mother) reappears and apologizes. She then asks for visitation on weekends during the day only as she does not have the money or living situation (no bed for child) at her residence. After missing a few weekends to party, she continues to ask to see the child. Man and new wife do not want to allow mother to see the child as they have been fully supporting and caring for child for nearly a year. They are afraid to outright deny visitation to mother due to fear of a custody battle that may go against them. Is this mother possibly unfit? Would a custody battle be wise? Thank you.
3 Answers from Attorneys
Based upon the facts you described, it may be wise for the father to get a football custody and sort order from the Court. He should consult directly with a family law attorney in his area. Many offer a free or low cost initial consultation.
Sorry for the predictive text errors. That was "a formal custody and support Order." St this point, the child can probably use a phone. Perhaps she could interact with Mom that way. There probably us no reason to prove bio Mom unfit, unless your wife wants to adopt. Just showing it is in the Childs best interest should be sufficient for you to get custody.
Because the parents were never married, the father should file a paternity case. Paternity does not appear to be an issue, but a divorce action is not possible. The court can make orders (both temporary and permanent) that set forth the parenting time each parent will have, as well as other parenting plan provisions, such as who may claim the child as a tax exemption. That will prevent future problems with the mother demanding sporadic time with the child. Consult an experienced family law attorney in your area.
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