How easy is it for my kid’s father to get custody again if he gave up his rights and I was awarded full custody 4 years ago?

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How easy is it for my kid’s father to get custody again if he gave up his rights and I was awarded full custody 4 years ago?

He just left and moved out of state without any notice. Now he’s demanding to see them. He says he has a lawyer and will be taking me to court. I’m scared he will get partial custody, he was a drunk and extremely irresponsible in the past. What can I do to protect my kids or prevent this from happening.. or how likely will he get any custody at all considering he gave up his rights and hasn’t been heard from for 4 years?

Asked on August 11, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written with respect to the father of your children having a presumed drinking issue where he simply left the children four or so years ago and has had no contact with them since, the chances of you retaining full custody seems pretty good at this point if he has no changed his ways. I suggest that you consult with a family law attorney to give you some guidance and protection concerning any possible custody issues that you may have to deal with in the future with him.


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