My ex-husband hasn't seen or looked for my daughter for 4 months and when he did it was every other month we have joint custody I have physical custody is there any way I could get full custody of my daughter can my ex take away custody if he fights back
If you have joint custody currently ordered by the court you should be fine. Pushing for sole custody only means that you get to by yourself decide all educational, and medical needs for your child. It does not mean that he wont get to see his daughter. He still would be entitled to visitation. If he fights back which he can it does not mean he will be successful. If the primary custodian is taking care of the child pretty well, the courts usually leave the child with that guardian.
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Practical answer: why spend thousands on a lawyer to rock the boat when day to day his absence pretty much has given you what you are seeking?
Legal answer: judges don't tend to change things to lessen contact if the only thing going on is a failure to use existing visitation.
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I agree with Mr. Ashman. A court will not normally take away joint legal custody based solely on a parent's failure to exercise visitation. If he is not trying to see her, then getting full custody won't change anything on a practical basis. If you file a motion to change custody, it is possible he could countersue for the same thing. In any case, the judge is going to be trying to determine the best interest of your daughter based on many factors, most of which we don't have here.
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