Q: If my ex partner hasn't made contact with our son in over 4 years, can he seek custody and/or visitation?
I had my son with my ex partner. We were never married, he was abusive, and has not made contact with our son for over 3 years now. (My son is 4 now. The biological father only saw him 5 times after he was first born). He has been in and out of jail for parole violations and drug court orders. There is a child support order in effect. He has only made one payment (EVER). Can he seek custody and/or visitation? Also, I will be married to a different man at the end of the year and he wants to adopt my son, can the biological father fight that?
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A: The short answer is that yes, he can seek custody and visitation. However, you can contest it. In fact, if you are getting married, you can get married, then have your husband file for adoption. Once you do that, the father has to be served and you will argue to the court that the father's rights should be terminated and your child adopted by his stepfather all in one case.
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