Q: Can I request sole custody since my kids dad was absent for six years and just now starting to get them?
He hasn’t been involved in their lives the entire time and has never been concerned or interested in any decision making. I had no contact with him for 6 years. Just 2 months ago he just now started getting them. He will not allow me to get their passport. They can’t play sports because he will not take them on his weekend. They can’t go to their friends house on his weekend and he will not let them have their cell phones but allow his other kids there to have theirs.
A:
Based on your reasons provided, it doesn't appear you have the legal grounds to ask for sole managing conservatorship (sole custody) of your children. However, you can file to modify your existing court order and see if the Judge will insert language that requires Father to take the children to their extracurricular activities and/or have their cell phones.
Father is entitled to spend his weekends with his children the way he sees fit...it's his time with his children. As stated before, depending on more facts and circumstances, you could be successful in at least making sure that he takes them to their extracurricular activities during his possessions.
I hope this information helps. Good luck to you.
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