Q: I am a stay at home mom with my son. I want to file for sole custody over him, his acual father is absent.
My Fiancee takes care of me and my son, he works fullime plus hours to make ends meet. My son acual father may see him about 3 to 4 times out each year and almost never buys him nothing(His acual father). He is ordered to pay child support but never do or just pays whenever he wants(not even the ordered amount)!... What are my chances of getting sole custody for my son? Thankyou!
A:
The fact that he is absent helps with your chance of receiving sole custody. The fact that the father is not paying child support does not mean that he cannot have access to the child. Here are a few examples of the factors the Court considers when determining custody:
• The mental and physical health of each parent;
• The fitness and character of each parent;
• The willingness of each parent to foster a relationship between the child and the other parent;
• The relationship between the child and each parent;
• The motivation (sincerity) of each parent’s custody requests; and
• The parental preference of the child when the child is of sufficient age to form a rational judgment, which is determined by the Judge whom is hearing your matter.
Until there is a Court Order you and the father of the child have equal rights to the child.
I would recommend you consult an attorney who can ask you the necessary questions to help you determine what your rights and options are.
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