Q: Can i have full custody of my kids if their father abandoned the home in the middle of a rent contract?
I don't work because both of my kids have behavioral therapy one of my kids has autism and needs me 24/7 and his dad didn't care about that. He left not caring if were gonna have a home or not he also stopped paying the van I used to take my son to therapies with, and both of my kids to their dr appointments. the dealer took it away from us now I have no ride to take them I have to depend on my parents car to be able to move but is not available all the time. The father of my kids told me that even If I take him to court the judge can't make him buy us a car. He sends them money but the entire month of July he didn't sent them nothing. He verly even sees them or asks about them so I don't see the point of him having custody if he dosent really care about his kids. I want full custody of my kids for that same reason. I'm the one doing all the parenting work and he also expects me to provide car seats stroller etc when he comes to visit the kids.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, it is possible to seek full custody if the father of your children has abandoned the family and is not actively involved in their care. Courts prioritize the best interests of the children, and if you can demonstrate that you are the primary caregiver and that the father is not fulfilling his responsibilities, the judge may consider granting you full custody. The fact that you are the one ensuring your children's needs are met, especially with one child requiring 24/7 care due to autism, strengthens your case.
Additionally, the court can address issues related to child support, even if the father is refusing to provide certain resources like transportation. The father's financial support is critical, and if he is not consistently providing for the children, this could negatively impact his custody rights.
You can also request the court to formalize visitation arrangements, so there are clear expectations and obligations on both sides. It's important to document everything related to his lack of involvement and any financial issues. Consider seeking legal advice to help guide you through the process of securing full custody and ensuring your children's needs are fully met.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
