Q: Can my husband file for joint custody of his daughter even if the mother doesn't agree?
My husband has a daughter who is 3 years old. He and his ex have not been together since she was 1 years old. They have no court ordered custody agreement for her, but he does pay child support. His ex will not let her come visit our home, he isnt even "allowed", per the ex, to take her out of the house,anywhere unless she is present. Example- He can not take her to the park, which is 1 block down the street, still within the gated apartment complex they live in, unless his ex is with them. He is only "allowed" to go visit her at her apartment. We live about 45 minutes apart, his ex was the one that moved away when they split up. He does whatever she says in fear that if he doesnt she will not let him see her anymore. My husband is currently unemployed but I work full time. We have a beautiful home, reliable transportation, and everything she would need to live with us. Is it possible to file for joint custody of his daughter even if the mother doesnt agree to it?
A:
Your husband can, and should, file for joint legal and physical custody of the minor child. Since there is no custody order in place what mom is doing is not legal since absent a custody order dad has as much right to custodial time with the child as does mom.
That being said, there are a couple of caveats. Is dad on the birth certificate? Whether he is or not will dictate what kind of action he needs to take to establish his custody rights. The fact that you say he is paying child support leads me to the assumption he has been established as the legal father of the child by a support agency. That makes the filing for custody somewhat easier, and faster.
As indicated above, dad should file right away to establish his custodial rights since the longer he waits the more the court is going to look at the status quo in developing a timeshare order. The court will have a hard time rectifying the delay dad has taken in wanting to see his child.
Good luck in your endeavors.
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