Can He Get Custody???

Yes, he can at any time be awarded custody, he is the biological parent. Is it likely? Not much. I think he should make some goals to save money and plan some monthly visits, that way he can see his child alone but not displace the child.

H.:

PLEASE seek an attorney! GO to the court house on Tuesday morning and go to the Clerk's Office. Tell them your situation and ask them to refer you to a lawyer who does PRO BONO work.

He can THREATEN all he wants. Whether or not he will do it? I don't know. So instead of waiting, wondering and worrying - BE PROACTIVE - GO TO THE COURT HOUSE AND GET IT RESOLVED!! Get FULL custody of your daughter and give him visitation rights. Clearly state in those visitation rights that he MAY NOT leave the state with her, etc. Stand up for yourself, girl!! Don't let a man walk all over you!!!

He SHOULD have been paying you child support- married or not - that should've been done the day she was born if you guys weren't together. i doubt you will get paid back support because NOTHING was ever done via the courts.

I can't stress enough how much better your life will be when you are PROACTIVE rather than sitting back...there are lawyers who HAVE to work Pro Bono - the County Clerks office can direct you to them.

Child Support and custody should have been done the week after she was born if you guys were never married...don't let ANY ONE walk all over you. You are not a door mat. Stand up for yourself and your daughter. Get it done, don't wait for him to do it...don't sit back and wait and worry - DO IT!! You are sick of his threats, right?! Well, instead of worrying - DO IT!!! YOU CAN DO THIS!!!

In a previous post you said his name is not on the birth certificate. He has no rights until he proves paternity. He cannot take her away from you. So relax.

I agree with J.B. He may be making this threat so that you won't go after child support. You would have to accept his paternity in order to get child support which would then leave it open for the courts to order visitation. However he lives too far away to exercise that right. The court would not order a baby to have shared custody. It's important for a baby/toddler/preschooler to have one consistent and primary caretaker. He would have the right to visit for short periods of time but that's not a worry since he lives so far away.

I suggest you talk with an attorney so that you know whats what.

Um no, no judge is going to award custody of a 6-month-old baby to the father for months at a time unless the mother is incompetent. He can and should get visitation though, but because your daughter is so young you can put off overnights and longer visits until she's older.

Why is he threatening to take you to court? Most non-custodial dads of infants who I know who say that use the threat as a weapon to try to get out of child support. The "if I have to pay you then I'll take you to court and sue for custody so that you don't get court-ordered support" move. Don't be afraid of this if this is what it sounds like. Hire an attorney if you can afford one and if you can't, then work with the attorneys at your state's child support office to establish paternity, custody, visitation and child support.

It is not in the best interest of the child for a baby to be separated from her mother for an extended period of time and I doubt any judge would disagree with that. If your ex is that interested in being a hands on, year-round dad then it's his responsibility to get a job in-state, year-round.

Yup. Easily. Partial. 50/50. or Full. It's even possible that you could be told to split the transportation fees.

You need a lawyer.

Custody? That depends. Does he have a good argument or reason to ask for custody of your child? If so, then yes. If you are providing a good and loving home for your child, then probably not. Do you work and and make sure you have everything that your children need? He may be able to get visitation although that is a long and drawn out process. If you have never been married then you will more than likely have to have a paternity test to prove he is the dad. The process between the paternity test and the custody/visitation hearing will probably take longer than the 6 months he is gone. In the mean time, I would make sure that you are taking the very best care of your child and being a good role model.

Here are a few unofficial terms...http://www.layneadams.com/practice-areas/child-custody/

See if you can find the laws on custody in your state or county and see if they list some common cases.

Since he is threatening to take the child from you before he has had a paternity test, I am pretty sure he is trying to get you to lay off on the support. If he was really concerned, he would have already ordered the paternity test to move forward. Keep doing what you are doing and hopefully the best will happen for your daughter.

Yes.

He can't get what most call normal visitation, you know week on week off or the strange variations of that. What he can get if he petitions the court is the summer, vacations, stuff like that.

Thing is I don't think that is what he wants, he just wants to see his child and right now he isn't. If he thinks about it when he is working the child will spend more time in child care than with him. He probably hasn't thought that far.

It depends on the laws and/or legal precedent in your state, your lawyer's skill and experience compared to his, and the mood the judge is in the day of court.

Is there some reason you don't want your children to see their father for six months at a time?

Visitaton is often granted to parents who live in different states. One or both parents are ordered to pay for transportation and lodging, and the other to make the children available for the visit.

Get a lawyer, and one that is better than his.
A very aggressive smart, lawyer.

There are many kinds of 'child custody.'
Google search "types of child custody." Learn it, research it, so you know what you are up against and what TYPE of child custody.

there is always a chance ... I would say your lawyer would be better equipped to handle that question since he/she would know all of the other details surrounding your case. Each divorce is unique.

Absolutely!

What makes you think that a court would not allow custody or visitation? His location? Of course we mama's have no idea of any of the details, but based on 2 sentences the first thing that comes to mind is joint custody and 6 months with you, 6 months with him.

When you got divorced was a custody and visitation agreement set up? If yes, than chances are as long as there have been no major changes it will remain the same. However, you never know. I would give your attorney a call.

I can't tell from the posting if you and he have any formal, court-backed custody agreement in writing. If your current custody "agreement" is just an informal deal you made by word of mouth, not a formally filed and signed court document, you are open to all kinds of trouble.

You need a good and experienced custody lawyer. Get one first thing tomorrow -- find the money somehow if you don't have it. While it's likely, as others said, that his threats are hollow and intended to pressure you to give up asking for child support, you still need legal protections. Be aware that he may have to come back to your area to see the court about this, and he sounds like the kind to have an absolute fit about that. But you must get full and formal, court-ordered custody arrangements in place if they're not already in place, and those can take his distance into account. You may find you have to let him have the baby for certain periods. But it beats always wondering IF he might do this, or that, or come take your child.