Q: Mother of the newborn is not getting any help from father can she get sole legal physical custody, visitations father
The newborn is 5 days old father has not been in the picture since mother was two months pregnant nor has he financially helped during the pregnancy. Now that the baby is here the father is wanting to just come into the house and visit the baby whenever he wants he is not taking any financial responsibility for this child Mother wants sole physical legal custody of child with father getting visitations if we have a lawyer represent us is that possible to get complete custody of the child especially when he doesn't want to provide for the child and the father lives in a very toxic alcoholic situation with his parents and his grandparents and two sisters they all live in the same house that only has two bedrooms Father is not providing situations that are going to be in the best well-being for the child. So mom wants custody and Dad to receive visitations
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A:
Yes, it is possible for the mother to seek sole physical and legal custody of the child, especially given the circumstances you described. The court typically prioritizes the best interest of the child, and factors like the father’s lack of involvement during the pregnancy and his current living environment could impact the court’s decision. The mother should present evidence of the father’s absence and the unsuitable living conditions to strengthen her case.
However, the father does have rights, and the court may grant him visitation even if the mother has sole custody. These visitations could be supervised if the father’s living situation or behavior is deemed unsafe for the child. It's important to clearly document the father’s behavior and any concerns about his ability to care for the child in a healthy environment.
Working with a lawyer will help the mother understand her rights and navigate the legal process, ensuring the best outcome for her child. The lawyer can assist in requesting child support, as the father has a legal obligation to contribute financially, regardless of his desire for visitation.
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