can I get permanent sole custody if the father hasn't had contact for 4 years?

[asclafani]

My husband and I separated in February 2008. We have a five year old daughter.
the cause of the split was that his two children from a previous marriage were
molesting our daughter who was 18 months old at the time. He felt it was safe to
keep her in contact with them and I did not. I have not seen him and he has had
no contact with my daughter since May 2008. He pays no child support. His only
contribution has been to keep her on his insurance through his employer. I want
a divorce. I also want custody of my daughter. I have heard that after a year of
no contact it is considered child abandonment and that I can petition to have
his parental rights terminated. I want to know if it is possible to get
permanent custody of my daughter and child support. My daughter's safety is most
important so if I have to forego child support to do that I will. What are my options?

 

[army judge]

You should have reported the crimes committed against your daughter to the authorities.

Your failure to act could cause problems for you.

I suggest you speak with an attorney.

There are ways an attorney can use to make the court order him to pay for your lawyer and get you the help you desire.

Contact a lawyer, today or tomorrow.

Don't wait.

The help you need is not going to be obtained on the Internet. Get that lawyer!!!!

 

[Proserpina]

My husband and I separated in February 2008. We have a five year old daughter.
the cause of the split was that his two children from a previous marriage were
molesting our daughter who was 18 months old at the time. He felt it was safe to
keep her in contact with them and I did not. I have not seen him and he has had
no contact with my daughter since May 2008. He pays no child support. His only
contribution has been to keep her on his insurance through his employer. I want
a divorce. I also want custody of my daughter. I have heard that after a year of
no contact it is considered child abandonment and that I can petition to have
his parental rights terminated. I want to know if it is possible to get
permanent custody of my daughter and child support. My daughter's safety is most
important so if I have to forego child support to do that I will. What are my options?

(AJ - OP did, per another forum, have CPS reports that the other children molested her child but no charges were filed since the children were themselves 7 & 5 or thereabouts).

OP, you need to file for divorce and request sole legal and physical custody. If Dad wants visitation, he can file for it himself. I cannot see the court terminating his parental rights (you heard incorrectly) based upon what you've said.

And if Dad does file, he will get some sort of visitation even if it's only supervised.

 

[army judge]

Thanks, Pro for the the update.

I hope the OP gets what she desires.