How do I go about filing for sole custody of my child?

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How do I go about filing for sole custody of my child?

Her father isn’t really in the picture yet keeps threatening me with taking her. His family has money and an attorney but his living situation would definitely not be safe for a child let alone infant. He hasn’t helped me out financially whatsoever and I permitted him to come see her as often as he wants but he doesn’t take advantage of it.

Asked on November 9, 2012 under Family Law, Oregon

Answers:

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

Answered 8 years ago | Contributor

It sounds as if he is in the picture for as much as he wants to be and that is not fair to you or your daughter.  And it sounds as if you are really concerned that his money may be able to buy her custody.  Generally speaking, the courts are not inclined to take away children from parents unless they are deemed unfit or it is "in the best interests of the child."  I would speak with legal aid or with any group you can find about your rights here to support.  That does not mean that you will lose custody if you file for it or that he will be denied custody and visitation.  You just don't want him to be the custodial parent because of his living situation and that should be brought up with the court.  Good luck.


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