My daughter is currently 3 months old. Her father was recently arrested for multiple charges of aggravated human trafficking (trafficking a minor) and other felonies. He is on probation for other felony charges one of which is domestic violence(not me). He threatened me while I was pregnant. I have evidence of him commuting illegal behavior. With all of this considered how hard would it be for me to get full custody? I have her all the time anyways and don’t really get any help from him but I really do not want to run the risk of him trying to be in the picture with the history he has. I’m terrified for my daughters safety if she is with him. Thank you for your time.
There is no such thing as "full custody" in Kansas. You likely mean "sole custody" (which doesn't mean that the other parent doesn't have rights or will not have parenting time. Courts consider all circumstances in determining what is in the child's best interests. But one of those things the courts consider is the right of every child to have a relationship with the child's parents. There is no way for anyone to tell you whether or not you will be able to convince a judge that what you want it best unless that lawyer is able to sit down with you in a confidential setting, able to find out from you all of the available facts, and then advise you about what to do. Contact a knowledgeable family lawyer in your area, set up a consultation, and follow the lawyer's advice.
This response does not constitute legal advice and does not create an attorney-client relationship. I am licensed to practice only in Kansas. Seek legal advice from an attorney in your state or the state in which your legal claim exists.
I have agreed with Mr. Nelson.
What you want is to sever the father's parental rights. Kansas courts are extremely reluctant to do this at the request of the other parent. Is an other responsible adult (preferably your spouse) willing to adopt the child?
It is hypothetically possible to sever parental rights in a child in need of care action under the allegation that if you are killed or become disabled, then the father is an unfit parent and the child would be in danger if the father receives custody. This is the same result as if a child in need of care action was filed and the mother rehabilitated herself but the father failed to rehabilitate himself and his parental rights were severed. This is a high stakes long shot bet.
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