Okay this is kind of a mess but I'll try my best to explain the situation fully.
So if a couple is never married, but they have a child together and the mother has full custody of the child in the circumstance that the father is not in the picture. The child remains living with the mother alone for two years until the father is suddenly back in the picture. Although he doesn't have legal rights, he still has some time that he can spend with his child.
Now let's say the mother is Transferring overseas (to London) for work for at least two years, if not, longer. If the father of the child wants custody rights over his child (even if he didn't already have them) and he takes it to court, can he still gain custody? If there are no factors that would argue against the father's case (such as he hasn't been in prison, arrested, has no substance abuse) is it likely that he can gain full custody over his child even though he was not in the child's life for the first two years?
I guess what I'm saying is if full custody can shift from the mother to the father if she's moving out of the country. It seems reasonable in my mind, especially since the father is in the same city that the child grew up in. I'd think the court would find it in the best interest to leave the child in the US with the father.
If anyone can help with this that would be nice! Thank you!
Answers & Comments
Verified answer
The on-again, off-again "father" in your scenario hasn't got a snowball's chance in hell.
If you have had full custody of the child and he has not been in the picture at all, and I am assuming you have had no support $ he has not legal right to even see the child unless you agree to it. Take it to court if you have to, but at least get legal advice. The best he can maybe hope for is supervised visits.
You will not get full custody of your child. BUT you can ask her not to leave the country. Then if she tells you to get lost you go to a lawyer and have her stopped from leaving the country... Also the mother has to have papers signed by you allowing the child to leave the country..
I hope that your paying child support as thats a big issue with the court system..
OK, if what you are saying is true, that he has NO legal rights. ( that's the big issue) AND you have full custody. Then you don't have to say a word to anyone. Just go, it is your right a sole guardian of the child.
unless they can deem the mother unfit - it would be cruel to a child to rip his mother from him - don't you think
you think it owul dbe in the best interst of the child to rip him from the one person who has been constant in his life? are you out of your cotton picking mind?
if the children were in the care full time with dad and he were the main caregiver and then she tried to move out of the country - he would have a case - but if he wasn't even a significant part of the child's life - how do you justify ripping him from his mother? the one person constant in his life?