custody and visitation

[ebone1123]

Can I ask a judge to give me sole custody if I dont feel safe having my son in the presence of his father? If I drop going forth w/child support, can I ask the judge to reliquish the father's rights???

 

[Proserpina]

Two things, ebone.

First, sole custody won't strip Dad of his parental rights. He'll still get visitation.

Secondly, there isn't a chance that the court will strip Dad of his parental rights until it can be proven - and I mean proven by hard, solid evidence - that he is an absolute risk to the child. Proof meaning: convictions of abuse or neglect against the child. Things like that.

 

[ebone1123]

What about moving out of state? I'm looking to move back to where family is at. Do you know when a good time to do that is???

 

[cbg]

A good time to move out of state is after you have permission from the court to do so.

 

[Proserpina]

What about moving out of state? I'm looking to move back to where family is at. Do you know when a good time to do that is???

If you're trying to do what I think you might be trying to do - sole custody also will NOT give you special permission to relocate the child out of state.

Now, we can speculate until NEXT New Years about this.

So, to save us all (yourself included ), how about some basic details?

Are/were you married to Dad? Where do you intend to move? How will you facilitate his relationship with his child? What makes you say that Dad is somehow unfit?

(For what it's worth, Dad IS your son's family. Your family? Not so much - not in the eyes of the court)

 

[shrinkmaster]

Simply put if there is no court order forbiding move you can. However there could be consequences for move if Dad chooses to seek them

 

[Proserpina]

Simply put if there is no court order forbiding move you can. However there could be consequences for move if Dad chooses to seek them

If they're married, and there's no court order, they must then look to state statute.

 

[shrinkmaster]

This user posted on another site that they were not married and he has not signed any birth documents.

 

[BayState]

This user posted on another site that they were not married and he has not signed any birth documents.

Would you post a link to said site?*9

 

[shrinkmaster]

Here it is http://www.parentnook.com/forum/viewtopic.php?f=150&t=4192&p=11563#p11563

 

[Proserpina]

Thanks shrink.

And how lovely. Dad is "sperm donor".

It's quite clear what Mom intends here. Quite clear, indeed.

 

[BayState]

Here it is http://www.parentnook.com/forum/viewtopic.php?f=150&t=4192&p=11563#p11563

Thank You. I have an understanding of OP now. What a charmer she is!!