I don't like my daughter's biological fathers parenting style or they way he lives or is in general. I want to be able to give her a real family life and not be passed between homes all the time. He already had 2 kids and lives at his mom's.
You may always file a custody action and put your case before the Court as to why your home would be better suited for your daughter's best interests.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
In Minnesota, and many other States, unmarried dads have no rights to a parenting time until they petition for parenting time with the court. A child support order can be enforced against a dad whether or not he has secured parenting time through the court or informally.
If an unmarried dad petitions for parenting time and you are not in agreement, than you need to show why it would not be in the child's best interest to allow visitation. Courts generally want both parents involved, so you will have to show some pretty strong evidence of dad being unfit.
It is best to speak to a local attorney about this, especially if your case is in court.
In general, courts do not like to limit visits between the child and the non-custodial parent, because it is assumed that having close, meaningful contact with both parents is in the child's best interests. However, there are cases where this assumption does not apply and sometimes it is not in the child's best interests to have frequent visits with a parent who does not give the child adequate care, attention and love. So it is possible to accomplish the full custody if it is in the child's best interests.
The short answer is yes it's possible. You can get legal custody and physical custody of your child. However, you'll have to cite reasons that the default visitation rules under the Indiana Parenting Time Guidelines are not in the best interests of your child. That's a bit of an uphill battle since you are essentially trying to eliminate all noncustodial parent rights.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline