Q: Can a custody be taken away from a parent after over 8 years of being given the custody to the child.
I know a parent, the biological parent. That petitioned over 8 years ago for the custody of the child. Was given full custody to the child. In which the parent has held, maintained, devoted and cared for this child and custody to the highest level of care and devotion. Has done nothing at all wrong to have or to force a change to hurt the custody. Has had zero child support since the child was born, and during the last 8 plus years having the custody to the child, and the other parent had never ever cross petitioned, and or ever counter served to the above child custody. Is there such, as having gained child custody by default in a court of law.
A: If the "parent" filed a petition for custody, the other party was properly served with notice of the proceeding, and assuming the case was not dismissed or otherwise barred, one can assume that the case was disposed of with an order. The most likely way of changing that Order would be for some person or agnate with standing to do so petitioned for custody or access based on "substantial change in circumstances" and/or the child's best interests. That said, the Family Court would not simply award custody, even if there was a default, without inquiring into whether awarding the petitioner seeking custody was in the child's best interests.
A:
The other parent may file a request for modification of custody orders so that he can gain visitation/ custody rights.
See: http://www.aeesq.com/divorce-attorney/child-custody/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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