Fiance wants custody of his 7 year old, hasn't seen her for 5 years, because of the mother.

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brandy2136

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California
Hi, I am looking for any help/advice/information to help mine and my fiance's case. My fiance has a daughter with his ex, they were never married, and he was in her life til she was 2. Both him and his ex back than, did do drugs, and didn't get along. She cheated on him multiple times, and ended up not letting him or even his mother see their daughter anymore unless he was with her (relationship wise). My fiance moved out of the area, and for the last 5 years has gotten clean from hard drugs, doesn't drink very much at all, we have a house together, we both work, we are in a stable situation. We have recently reconnected with one of his brothers and sister in laws, who were friends with his ex. They informed us that his ex is still doing drugs, last time they knew, she was on heroine, and working at a sex shop. I have been with my fiance for about 2 and 1/2 years now, and I know that he misses and loves his daughter more than anything. He has cried over not seeing her. Over missing so much of her life. And now that he is stable, and knows that she is not in a good living environment, we want to try and get some sort of custody of her. He signed the birth certificate, and was part of her life for the first 2 years. What I have seen him with our nieces and nephews, and know that he was and will be a great father. What are the steps we should take? Please, any help would be much appreciated.
 
We shouldn't take any steps (because, legally, you don't have any rights and the court is not going to grant you any rights). Boyfriend can hire an attorney and file for visitation/child support.
 
He only has the right to file to establish his rights and obligations. And since he's felt Mom has been fine raising child these last five years (since he's done nothing to pursue establishing rights/obligations), then it is highly unlikely that he is going to get custody.
 
Even though he signed the birth certificate, he will probably have to get a DNA test to prove he is the Father. He then can get an attorney for help in filing for visitation. It's doubtful he is going to get complete custody.
 
The guy was so concerned about his daughter he moved away and didn't bother to see her or support her for 5 years. At this point, she probably has no idea who he even is. She certainly doesn't have any sort of bond with him. You have 3rd hand information at best that the mother is using drugs. You have no knowledge that the child is not being cared for or that this woman is not a decent mother. Her place of occupation is totally irrelevant. If he wants to file to establish paternity he can, but it would be highly unusual for the court to grant more than occasional visitation to a father who had been absent for 5 years. Parentage/Paternity - paternity_famlaw_selfhelp
 
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