Can I get sole custody of my sonifI fear for his safety when he is with his father?

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Can I get sole custody of my sonifI fear for his safety when he is with his father?

My son has my last name and I do everything for him. His father told me to get an abortion when I got pregnant. Numerous times since then has refused to see hour son and tells me he wants nothing to do with him. His father has not given me one cent since he was born. He is always out with friends and smoking weed. I believe he also has a bench warrant. He also has anger problems. He has no job, does not go to school, has no license and cannot provide a safe environment for my son. My son is also under my insurance. I do not want him to get visitation at all. I fear for my son’s safety.

Asked on July 15, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I can tell that this issue is really close to your heart and that it upsets you terribly to think about it.  But you are right to deal with it head on sooner rather than later.  It sounds as if your son's Father is not in his life at all nor does he care to be.  Would it be possible to get him to relinquish - give up - his parental rights voluntarily?  If he says yes then you are way ahdead of the game. Explain that then he will never have to pay child support for his son. If he says no then you have to bring a proceeding to terminate his parental rights. Seek help from an attorney in your area familiar with the process.  Good luck to you. 


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