Is there any way I can get full legal and physical custody and not give my ex visitation?I want him to sign his rights over.

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Is there any way I can get full legal and physical custody and not give my ex visitation?I want him to sign his rights over.

My son will be four and my ex does not visit him regularly. He visits maybe 4-5 times a year and he lives three hours away. I want my fiancee to be able to adopt my son when we’re married, but ex wants visitation, but I think he should just sign his rights over and be done. Also I plan to move out of state soon and I know he would never use his visitation, because he doesn’t even make an effort now. We were never married.

Asked on March 24, 2009 under Family Law, Wyoming

Answers:

S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The short answer is 'NO'.

In every state, the Court views both parents as having rights to the child.

One parent cannot terminate the parental rights of the other parent without good reason or the permission of the terminating parent.

Seeing your child several times a year does not equal abandonment. The child also knows this man is his father and may be harmed by cutting off contact with Father (especially as your fiance may turn out to be a transitory part of your life).


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