Q: Ex has be absent for 8 years, drug use, in and out of jail. Do I have to prove this to file sole custody in divorce case
He has not been in the picture for 8 years now and lives in OK state, he has recently contacted me about wanting to see his son. I am filing for a divorce and am afraid they may want me to have a shared parenting plan with him. He has had a extensive history of drug abuse, in and out of rehabs and jail. He was in prison a few years ago as well. He does not have a stable job or stays in one place to long. He says he is getting his life on track and his mom told me he is in a out patient program. How do i state sole custody in regards to his abandonment, drug use, and bad decision making ( which has lead him in and out of jail as well as prison )? I told him i will not file child support that we can work something out on the side but that i need him to respect that I will have sole custody of our son. What happens if he backs out and doesn't sign? what is the correct way to go about this and having it noted in the parenting plan?
Thanks for the help
A: Sole custody is 100% your burden of proof so prepare the evidence you need. You should hire a lawyer to represent you in the case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
