Q: Over a year ago my ex and I were going through court for custody, he rarely showed. I showed up everytime. The judge granted me full custody, and no visitation to him since he never showed. My sons attorney and the judge agreed it was best for him to be with me. my ex has not seen my son since he was 5 months old (by his own choice) he is now 5. he is court ordered to pay 50.00$ child support but right now is 4 months behind. My husband loves my son, and treats him as his own, since my ex wants nothing to do with him. I would like to get sole custody so my husband can adopt, but I have an order of protection against my ex, so I do not know how to go about it and if I even stand a chance. I just wish he would be a father, but he refuses. So i just want to do what is right for my son.
When going through court in the beginning, the judge even offered him joint custody before knowing the case, and my ex then replied that he did not think that was a good idea at the time, and that he is better off with me.
A: David's Answer: If you already have an order of sole custody, then no need to file again. Just proceed with the adoption case, as it sounds like you have good grounds to prove "legal abandonment" - which simply means that for at least 6 months prior to the filing of the case, the father has not had significant contact with the child. Schedule a consult with an adoption lawyer in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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