Ask a Lawyer, Sole Custody Request

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Fathers Rights and Family Law advice to our SingleDad members from the law offices of Jeffery Leving, Ltd. This month, a divorced dad wants to know how to obtain sole custody of his child from an absent mother. Read more…

Ask a Lawyer on SingleDad

Question:

I’ve had my daughter since birth because the
mother was a bad mom; she is in prison now for drugs. My daughter is about to
turn 10years old and I want full custody, the mother hasn’t been around for the
last 9 years. We were married but I’m pretty sure we are divorced. I had moved
out of state and last I heard she had gotten remarried. Work is real slow so I
don’t have a lot of money. What should I do?

Dad with daughter

Answer:

The fact that you are unsure as to whether
you are divorced from the mother of your child is a potential danger for you. A
search of court records must be made to determine whether you are still married
or divorced, and whether a custody order or any other orders that impact the
safety of your daughter and your relationship with her are in effect. Court
records from different counties, or even different states, might need to be
examined depending on residency during the periods in question. Don’t rely on
word of mouth for this information. You should consult with a skilled family
law attorney right away. A competent attorney should know how to search for and
obtain the relevant documents and quickly formulate a preliminary strategy to
ensure that your daughter remains safe.

Of paramount concern is the safety of your
daughter and ensuring that her mother or others do not re-enter the picture and
attempt to remove the child from your care. If you have no custody or other
court order ensuring that she is safely in your custody, then the mother, upon
her release from prison, or others may be able to remove the child from your
care. A competent family law attorney can seek to obtain a court order securing
the current placement of your child under the present circumstances if it is
discovered that you do not have such critical protection. While the mother’s 9-year
absence suggests that she showed little concern for the child, her frame of
mind can easily change. Do not let this lull you into a false sense of
security. Consult a competent attorney soon.

Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”

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Richard “RJ” Jaramillo, is the Founder of SingleDad.com, a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children. RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents “Make Life Happen…Again!”