He hasn't seen her since she was 2 1/2 months old. While we were still together I was not allowed to visit because I am the victim of the offense. (unlawful sexual conduct with a minor) After we broke up I was not about the waste my money to take her to see him when I was granted permission. My fiance now has taken care of her for almost a year and a half and calls him daddy. She is almost 3 years old now and wouldn't know he biological father if he walked past her. Can he get visitation or custody of her?
The chances of him getting custody is very, very slim. However, if he would like to visit, the court, may grant him visitation. If you argue, the court would grant him supervised visits. The best thing you could do is attempt to have your fiance adopt the child. Adoption terminates the Father's rights for custody, visitation, child support...everything. You do not have to get the biological father's permission in certain circumstances. If you would like further info. call my office and have a free consultation.