Q: My fiancé’s ex is threatening to take him to court for full custody unless he signs over his rights. Can she do this?
My fiancé’s ex wife constantly denies him visitation with his daughter. She claims that he neglected her when she was 3 months old, but she never pursued a child neglect or abuse case. Can she threaten him to sign over his rights?
A: People threaten each other often in custody matters. It does not necessarily mean a court will agree with them. But your fiancé should consult an attorney, find out his options and make his own decision. You should not be doing it for him.
Kathryn Hilbush agrees with this answer
A: I agree with Attorney Boyd. Threats of all sorts are common place in family law and few amount to anything when brought before the court. Nonetheless, he should consult with an experienced family law attorney to avoid the possibility of an involuntary termination of his parental rights due to a failure to perform parental duties for a period of six months or more. The fact that she refuses him visitation may not be sufficient to avoid such a termination. The courts expect parents who sincerely want to see their children to pursue that visitation through the court if the custodial parent holds back time frequently. If there is no court order for custody, he should consider requesting one by filing a custody petition. Please encourage him to meet with counsel.
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