What are my chances of sole custody with a dead beat dad?

This is a discussion on What are my chances of sole custody with a dead beat dad? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My X l lives in Georgia, USA. I live in Ontario Canada with our 7 yr old daughter for about ...

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Old May 5th, 2011, 11:39 PM   #1
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Default What are my chances of sole custody with a dead beat dad?

My X l lives in Georgia, USA. I live in Ontario Canada with our 7 yr old daughter for about 4 years now. Father gave me written consent to take the child. I left him and was able to finally be around family. Anyways, in the first 2 years the father probably saw his child on 4 occasions. Of the 4 visits, I took the initiative to take my daughter to see her Dad. In the last 2 years, he has seen his child once and very seldom communicates even by phone. In 6 months he has talked to her twice. I don't deny any visits or phone calls. Father just does NOT call nor has asked to visit, etc... and in the last 18 months, father has not paid any child support. We did not have a legal settlement agreement drawn up but did draft a written agreement on child support amount that we both signed and had notarized. Does this document have any weight now and what are the chances of me getting sole custody? Dead beat dad and we live in different countries.???
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Old May 6th, 2011, 12:28 AM   #2
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Default Re: What are my chances of sole custody with a dead beat dad?

I wish to inform you that court considers best interest of child as main consideration. In this regard you may have sole custody ones it can be shown that other parent does not take care of child and past negligent acts of other parent may be shown in support of your arguments. You will have to argue that interest of child will be affected if other parent shares custody. You may ask for sole legal and physical custody.

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Old May 6th, 2011, 12:31 AM   #3
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Default Re: What are my chances of sole custody with a dead beat dad?

First of all let me remind you that both the parents have equal rights on their children. You can file a petition for permanent/sole custody of the child. The petition to be filed in the place where the child is residing. In custody petitions court will give weightage for the best interest of the child. So you have to convince the court that you have petitioned for custody in the best interest of the child. Your ex is bound to pay you child support as agreed. If he is not paying child support then it is a clear violation of the terms of the agreement. For breach of the contract you can file a petition for specific performance.(you have to check out the limitation period) or you can petition to court for getting child support arrears. It is better advised that you may consult with a Family law Attorney who can give a proper guidance in this regard.
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Old May 6th, 2011, 07:47 AM   #4
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Default Re: What are my chances of sole custody with a dead beat dad?

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Originally Posted by Bongo View Post
My X l lives in Georgia, USA. I live in Ontario Canada with our 7 yr old daughter for about 4 years now. Father gave me written consent to take the child. I left him and was able to finally be around family. Anyways, in the first 2 years the father probably saw his child on 4 occasions. Of the 4 visits, I took the initiative to take my daughter to see her Dad. In the last 2 years, he has seen his child once and very seldom communicates even by phone. In 6 months he has talked to her twice. I don't deny any visits or phone calls. Father just does NOT call nor has asked to visit, etc... and in the last 18 months, father has not paid any child support. We did not have a legal settlement agreement drawn up but did draft a written agreement on child support amount that we both signed and had notarized. Does this document have any weight now and what are the chances of me getting sole custody? Dead beat dad and we live in different countries.???
FIrst of all, are/were you married to this man and are any children involved legitimate or illegitimate?

Please stop throwing around the term" deadbeat dad". We have no idea why he's behaving as he is, but normally it's because the mother of his child is so psycho that it's more of a nightmare to continue to try to fight for rights to be in the child's life than just simply not having to put up with a psycho ex. We also know nothing about you. You may very well be a "deadbeat" yourself.

Notarized child support agreements are not court orders. It won't fly. If you want child support, you must go the legal route in order to receive it.
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Old May 6th, 2011, 08:01 AM   #5
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Originally Posted by Bongo View Post
My X l lives in Georgia, USA. I live in Ontario Canada with our 7 yr old daughter for about 4 years now. Father gave me written consent to take the child. I left him and was able to finally be around family. Anyways, in the first 2 years the father probably saw his child on 4 occasions. Of the 4 visits, I took the initiative to take my daughter to see her Dad. In the last 2 years, he has seen his child once and very seldom communicates even by phone. In 6 months he has talked to her twice. I don't deny any visits or phone calls. Father just does NOT call nor has asked to visit, etc... and in the last 18 months, father has not paid any child support. We did not have a legal settlement agreement drawn up but did draft a written agreement on child support amount that we both signed and had notarized. Does this document have any weight now and what are the chances of me getting sole custody? Dead beat dad and we live in different countries.???

Presumably you are a Canadian citizen? If you apply for custody and support where you and the child reside, in Canada, given the circumstances, you will most likely be granted sole custody. The difficulty to be faced will be getting a collectible order for child support without his being served within Canada. A Canadian family law solicitor would be the person to contact on this point, I suggest.

Although Canada and the U.S. both subscribe to the Hague Convention for mutual respect of another country's child custody orders, an interesting exception is that Canada will not enforce another nation's custody decrees against a Canadian citizen. In that regard, it is fortunate you are residing in Canada and the father is in the U.S. for if it were the other way around and the custody decree was made in the U.S. and the Canadian parent absconded with the child to Canada, Canada would say in effect, "too bad. The child is ours. The child remains in Canada."
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