mother has not been present in daughters life for a long time i am trying to get full custody of her there is no court custody at this time
You will need to file a petition for divorce (if you were married to the mom) or a petition to establish the parent-child relationship and for orders of custody (if you were not married to the mom). These types of proceedings can be complex, and I would not recommend that you proceed without consulting with an attorney.
The information contained in this posting does not create an attorney-client relationship, and is for general informational purposes only.
As mentioned in the other response to this question, to obtain custody orders, you must file either a divorce or paternity case requesting that the court enter appropriate orders for child legal custody, residency, and parenting time. And although you say that your child's mother has not been present in your daughter's life for a long time, it's important to have things done properly.
Child custody cases can be some of the most difficult of cases for anyone to handle -- even if they are uncontested. And they can be complicated emotionally and legally for the parents, the children, the attorneys, and the judge. It helps everyone if at least one party has an attorney to help guide the case to an appropriate end and to advise the client about the many resources available to help parties resolve the case or to provide the best information to the court so that it can make a decision that truly serves the child's best interests. Without the advice of a good family lawyer, the judge may not be able to help resolve your situation in the best way. The judge can only work with what he or she has available and cannot do what s/he thinks may be the right thing to do if there isn't any evidence or discussion about the right things to do. You should contact a qualified family lawyer in your area to help.
You should be aware that there is no such thing as "full custody" in Kansas (or any other state). There is joint legal custody and sole legal custody. But that doesn't have anything to do with where the child lives, how often the child sees either parent, or what the protections exist against the things you fear. Parents are both entitled to appropriate time with their children unless certain things are shown to the judge that prove that there is a danger to the child -- and that proof must be more than a fear that something will happen.
We have additional resources available on our website at http://kansas-divorce.com
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.
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