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Is it possible to get sole custody if the non-custodial parent is unreliable and does not exercise his visitations?

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2004-11-15 17:18:59
2004-11-15 17:18:59

Yes, but it's very difficult. See Best Interests of child steveshorr.com See also abandonment 7822. (a) A proceeding under this part may be brought where the child has been left without provision for the child's identification by the child's parent or parents or by others or has been left by both parents or the sole parent in the care and custody of another for a period of six months or by one parent in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child. (b) The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents. (c) If the child has been left without provision for the child's identification and the whereabouts of the parents are unknown, a petition may be filed after the 120th day following the discovery of the child and citation by publication may be commenced. The petition may not be heard until after the 180th day following the discovery of the child. (d) If the parent has placed the child for adoption and has not refused to give the required consent to adoption, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. If the parent has placed the child for adoption and has refused to give the required consent to adoption but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. leginfo.ca

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Anything is possible, but it's going to require a lot of documentation and very good argument on your behalf. One would have to prove to the court that sole rather than joint custody is in the best interest of the child.

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To do anything possible to get joint physical custody.

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This is hard to answer because there can be many variables involved. The noncustodial parent may contest the move and take the custodial parent to court to show cause. But it may not be possible for the noncustodial parent to actually prevent the move unless the move is out of state.

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yes it is possible if you get her to eat just fatty food and no exercise then it is possible. yes it is possible if you get her to eat just fatty food and no exercise then it is possible.


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