In the approx 3 mos that he's been gone. Off playing house with another female and her multiple children, he has seen our daughter 4-5 times, for 3-5 hrs at a time. In which I have gave him several opportunities to take her and visit with her, and he always has an excuse as to why he could not get her that day. Or he would just simply be a no call, no show. Also in almost 3 months he has only given me money to support her once of $100. Which is half of the cost of all her needs for a week. She is only 1 yr and 5 mos. old. Plus he has been unfaithful throughout our entire 2 year marriage. He was also our sole income, and I am a stay at home mother. Which now had to turn to parents for help. He dosen't know how to physically pay attention to his kids. His kids get into anything..he don't kno
Thank you for providing a lot of details about your case. I can provide you with some simple information which does not need to delve further into the details of your specific case. After a child is born, each parent has the right to have the child with him or her 24 hours a day/7 days a week. Those rights exist automatically for a parent without any court order. A court order that sets forth a custody schedule, therefore, limits a parents time to whatever is in the Order. If there is no custody order in your case, you have the right to have your daughter with you. He also has that same exact right. Until a custody order is entered, you and he are playing a game of trust. You are trusting that, if you let him spend time with your daughter, he will return her to you. He is trusting that you will turn over custody so that he can spend time with her. You can choose to wait until the court enters a custody order; however, sometimes the court does not look kindly on a parent who refuses to allow the other parent any custodial time. One of the factors that the Court must consider in a custody case is "which party is more likely to encourage and permit frequent and continuing contact between the child and another party." You should consult with an attorney in your county who can better access what is likely to happen in your custody case.
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You should consult with an experienced family lawyer in your jurisdiction who can listen to all of the facts in your situation and give you specific legal advice. In general, it sounds as if you should file to obtain primary physical custody and file a complaint for child support.
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