How is custody determined regarding an absentee father?

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How is custody determined regarding an absentee father?

I have a child that will be 3 in 4 months. I put his biological father on child support. He’s going to try to get joint custody of him.The father has never ever been in his life. My son doesn’t even know him at all. What are the chances of the father getting joint custody?

Asked on March 22, 2012 under Family Law, New Mexico

Answers:

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

Answered 9 years ago | Contributor

I can surely understand how anxious you must feel.  The facts of your case and the case law in your state will determine what level of custody will be granted.  But here is the thing: his biological Father has the same rights as you do to custody.  If he has only filed out of spite becuase you filed for child support that is importnant.  But court truly like to foster parental relationships.  You could still be the custodial parent (he lives with you) and the father will have visitation and decision rights.  Seek legal help.  Good luck.


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