Q: Can my children's Father take me to court for custody rights?
My children's Father wants to take me to court for custody right because he claims I don't allow him to see our children. I've told him several times verbally and through text message that he can come to visit the children at anytime. I have 3 children with this man. He does not support my children financially. He is not on child support. I allow him to come see the children whenever he wants but I do not allow him to take them anywhere! He is irresponsible and he does drugs. He stays with his Mother who is a drunk in a 1 bedroom apartment. He comes to see the children maybe once or twice every two weeks. When he comes around we always argue because he's very distressful, but yet I allow him into my home to visit his children. Just recently he told me he doesn't want to be apart of our children lives anymore because of me. But stated when the time is right he will fight for his children in custody court. We are not married.
A:
Yes, he can seek to legitimate the children, if he hasn't already and obtain custody. Of course, you can fight it in court with evidence of what you described above. If you can prove those allegations, it is unlikely the judge will grant his request for custody.
Nevertheless, regardless of how you feel about his poor parenting skills, if he chooses to take you to court for custody, you have to put on a defense with witneeses and evidence if you intend to win. It would also be worth your while to hire local counsel if you have concerns about presenting your case.
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