Chelsey m asked:


This man has had nothing to do with the child and has some drug issues in the past as well as his wife. We are going to court to establish child support and he has said he is getting an attorney.

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4 Responses to “Can a man who has never been in a childs life get custody of the child?”

1. Sushified on November 17th, 2009 5:49 am

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   Hire an attorney and display the information about him have drug issues (and his wife).

   If he cannot offer a stable home life he will not gain custody.

   If he has not had a relationship with the child even though you would have allowed it, he must explain to the court why he has waited and why he wants custody now.

   The court usually sides with the mother. As long as you are providing a stable environment for your child, they will not give him custody. There might be visitation rights, but you can apply to have them monitored by the state if you believe he is a danger to the child (once again you must supply this evidence in court).

   Was it criminal drug use or just habitual and he was never caught?

2. Joe F on November 18th, 2009 8:59 am

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   You better get an attorney too hon.The courts are not fair.If he can prove he can provide a better life than you can and prove you to be unfit, then he has a good chance.

3. Libby on November 19th, 2009 7:51 pm

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   It’s unlikely he’ll get majority custody, or even half custody. However, he may still get partial custody unless the mother can proof his lack of fitness as a parent, and why he shouldn’t have partial custody now that he’s shown interest in actually parenting his child (or says does, anyway).

   If the drug issues have become charges then they’ll probably be brought up, but unless they’re major and recent it might not be enough to lose custody based just on that.

4. George McCasland on November 22nd, 2009 9:41 pm

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   He could the getting an attorney in order to challenge paternity, as every man should, since 30% of claims for child support turn out to be a false claim. If he has had no contact with the child how you know what is the current situation? Things may have changed, and he’s realized the mistake he made. He’s not filing for custody as you claim, he’s merely hiring an attorney to represent his illegal interest in the child support issue and addressing his parental rights.
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