My daughter is 6yrs old and residing with me in MD since she was born 2008. My bf (her biological father) is from Iowa and had visisted her monthly but had stopped visiting her since 2013. We both have signatures on her birth cert. Now I want to have full custody of my daughter. He wants to fight back. What is the percentage he could win the case?
If he hasn't seen her since 2013, not likely. However he will likely obtain some type of access. To get a more through response. Sit down with an attorney offline who can ask you more questions and in turn provide you with a great response.
I agree that his chances of winning custody away from you are very slight, but you'll still need to file for custody in court. When you file you can also ask the court to order the father to pay child support. Once you've started the court case, you'll find out if he truly wants to "fight" you. Custody cases are complicated. You should contact an experienced family law attorney to help you with your case.
Harry Brett SiegelDivorce / Separation LawyerEllicott City, MD ·
I think you know that no one can answer that for you in an email or message posted, right?
That being said, your daughter has been living with you virtually her whole life. It will take a great deal for a court to think about upsetting that balance.
What I think is that you need to make an appt with one of us highly experienced family law attorneys and get some free advice on how to proceed.
Your child has been with you her entire life, and the father has not come here to our town of Owings Mills since 2013 so there is a good chance the case will go in your favor. However, custody battles are difficult and if not handled properly, bad/unexpected things can happen, You will do best if you have an experienced custody attorney advising you and guiding you throughout this process. If you don't give this your best shot from the start, you might regret the results. Many of us highly experienced attorneys provide a brief free consultation over the phone to orient you in your case.
I agree with the other attorneys who have posted here, no one can give you a definitive answer when it comes to issues like child custody. Although, in my opinion, the biological father has a small chance of gaining full custody unless some extraordinary circumstances exist, he will "have his day in court" to prove why full custody to him is in your daughter's best interest. Keep in mind, that until you have a court order that establishes custody, neither one of you have a superior custodial right to your daughter. It is important that you consult with an experienced attorney who can assist you with establishing custody and child support through the Courts by a court order.