What is process for attempting to gain full custody of my daughter if her stepfther is abusive to her mother?

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What is process for attempting to gain full custody of my daughter if her stepfther is abusive to her mother?

I’m the father of a 3 year old girl and on the birth certificate. Her mother and I have never went to court but I see my daughter regularly and make her schedule. Mother has been married for a year now, I recently found out that her husband was charged with Domestic Abuse 3 months ago. I found out when my daughter said, “Dan hit mommy on the head”. Do I risk paying child support?

Asked on October 25, 2012 under Family Law, Wisconsin

Answers:

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

Answered 8 years ago | Contributor

I am confused by the last part of your question.  Do you mean that you do not pay support and you are concerned that if you are denied custody that you will have to now pay support?  The reality is that you should have been paying support for the last 3 years.  And the welfare of your daughter should be paramount to you. You must first establish parentage and then seek custody in "the best interest of the child."  Good luck.


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