What kind of proof does a mother need to take a father to court for full custody of their child?

Question

My boyfriend has a daughter, and his babys mom has the kid now. He moved away for almost 2 yrs to go to rehab and get his life back together. He hasnt done anything wrong in that time, he's healthy, and is current on his child support, but they just dont get along, and she likes to hang that over his head when they argue. He's going home permanently soon to pick up his life where he left off, does he realistically have to worry that she could actually get full custody when he's trying to do all the right things for his daughter?

Answer 1

Depending on what state your in the father really has a slim chance to get full custody or even visits that wont be supervised because of his drug history. ( I am assuming that is what the rehab was for) He would have to prove to the courts that he is stable and can take care of himself before he can take care of another person. If I were him I would start out with visits every other weekend and work his way up to full visitation. As for the girlfriend...unless they were married she has all legal and parental rights over the child so your brother should be the first person to file papers for visitation. It would look better for him. Good luck!

Also as for child support....unless there is 50/50 custody for everything one parent will have to pay child support.

Answer 2

Try a mediator first before heading to court, I'm not saying it works for everyone, but me and my son's father didn't get along, but we managed to work something out with a mediator and didn't even go to court.  Things are better, we get along and my son gets to spend equal amount of time with both of us.  They need to realize what is best for the child, its not about them.

Lots of documentation and support from others will help his cause.

Answer 3

She may have full custody, but as long as he is current on child support and isn't a threat to the child, he will be able to get his visitation.  If he can prove to the court that he is stable and can provide adequate care for the child, then a judge might allow him more visitation.  He just needs to speak to a lawyer and find out where he stands as far as custody.  I hope all works out.

Good Luck..

Answer 4

dont understand a word of that

Answer 5

Yes, the mother or father can petition the court anytime for a custody amendment.

However even if she gets full physical custody the father will get visitation rights that the mother legally can't interfere with.