Anonymous asked in Family & RelationshipsMarriage & Divorce · 1 decade ago

Is it possible for a person to get some custody of a child they haven't seen in over 3 years?

My daughter's birth "dad" hasn't seen her in over 3 years. He hasn't tried to seek any custody but I am afraid some day he might. He hasn't paid child support in 4 years. He has 2 DUI's, has been arrested for domestic abuse, and has been in and out of rehab for alcoholism (and yet he still drinks). He has no job, no car or licsence, no home (he bounces from friend to friend). It embarasses me to say I had a breif relationship with this loser, but it is something that I have to live with every day. I love my 9 year-old and my husband is in the process of adopting her. I am worried about the other person trying to screw with my family and I want to know if a judge would take his lifestyle into consideration. He has 3 other kids from 2 other women, and evades child-support from them as well.

9 Answers

  • kp
    Lv 7
    1 decade ago
    Favorite Answer

    If your husband is allowed to adopt her, bio-dad’s parental rights would be terminated, so then he couldn’t seek custody or visitation. Do you think he’s going to contest the adoption? If he hasn’t seen her in 3 years or paid child support in 4 years (and has 3 other kids that he doesn’t pay child support on) then I doubt he will contest it, because if the adoption goes through, he’ll no longer be required to pay child support for her.

  • 1 decade ago

    Him getting custody is not likely- visitation is a possibility, *if* he has proven to have cleaned up-

    I am from Alaska and after a year of not trying to communicate with the children the other parent basically looses all parental rights- plus since your current hubby is going for adoption, the state first has to say that the "dad" is unfit enough to loose his parental rights, other wise he would have to sign the paper agreeing to the adoption. After the adoption is final, there is nothing the biological father can do, unless he some how gets lots of money to hire lawers and stuff. Haha and we both know what a joke that is! (also have a dead beat ex, two actually... at least you learned the first time!)

  • 1 decade ago

    I am going to say no...he has not seen the child, history of alcoholic abuse and he does not seem like a stable person to hold down a job. I would not worry about it especially since he can not support his child now let alone if he had custody_

  • 1 decade ago

    From what you write and using common sense, it seems unlikely to this non-attorney. And that's the key: I'm not a lawyer and if you want peace of mind you should ask a lawyer in your state.

    Good luck to you - seems that you and your husband are on the right track as a family.

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  • 1 decade ago

    No way would any judge allow him custody. Not to say he couldn't get visitation rights, but he will have to start paying child support first.

  • 1 decade ago

    I have been through this myself. If he won't have to pay any more child support, he'll be happy to sign her over. The judge in my case thanked my husband for being so caring. You could call it abandonment (the ex).

  • 1 decade ago

    It sounds like this loser doesn't have any resources to be a threat to you. It takes lawyers and court dates to win custody. It doesn't sound like he is that ambitious.

  • 1 decade ago

    I dont think you have anything to worry about.

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