Can I get sole custody of my son if he lives with me?

The father was illegally in the US and now lives in Egypt and is going to move to China. He wants contact with him. He has never givin financial support and when he was allowed to see him he saw him once a year. I don’t trust him and his motives etc. What can I do?

Asked on September 24, 2012 under Family Law, Oklahoma


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If he has had minimal contact with your son, then you have a very good chance of getting sole custody.  If he has had some involvement, then you may not be able to get his rights terminated, but you can certainly use his lack of effort as a basis to ask for restricted or supervised visitations.  If he has provided no support and really isn't interested in being in his life, you may want to talk to a family law attorney about termination of parental rights.  Regardless of how far you go with the orders, the main thing you need to do right now is make sure there are orders in place that do not allow him to take the child alone.  Considering his international access, getting your child back will literally be an international nightmare if orders are not in place to protect your rights.

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