How do I go about getting full custody?
I had a look online but wasn’t too helpful.
Backstory my husband left me and started a new relationship, he never sees his child, never buys her anything ect. Yes he pays child support but that’s about it- to me it’s just some income to help pay childcare fees each week but I’m finicail fine without it.
He is planning a family with his new partner and picks and chooses when conveint to speak to his child- this can be weeks! I don’t want my child to grow and feel rejected, she young enough that we can just move on and she won’t know the difference if dad was there or not.
I know this might sound nasty and some might say but he deserves to see his child well I really have to question that! It’s not fair on my child! It hurts her, and she doesn’t even seem to remember him much.
I want to apply for full custody and wondering if this is possible? I won’t expect child support ect.
How to I learn more and get this started if possible?
Please be kind this is a hard choice and unless you’ve been in my shoes and my child’s you don’t understand the heartache.
4 Replies
You need to speak to a lawyer. Sole custody is only awarded in a very small number of cases in Australia. A lawyer may warn you against filing as it can end up back firing..
Dad can tie you up in court for a very long time and he can cross apply for more time with his child which if he won would be more detrimental. They can do this just to be an asshole.
Sometimes it's better to let sleeping dogs lie and while I know the frustration all too well, going to court can be a huge stresser on the child too.
If everything is as you say it is he will most likely fade out of your daughters life on his own.
But definitely speak to a lawyer.
I think you're the one feeling the rejection and you're extending those feelings on to your daughter and trying to build a wall between the two, maybe out of spite or protection.
Agree with above if you tried for sole custody without goid reason it could turn sour. Start with mediation and go from there. Also if you are collecting child support as a private agreement I would switch to CSA collect.
You will not get full custody unless he signs away his rights. There is a long process in between. Mediation etc. Whatever you decide, he has to approve. You can't just throw away his paternal rights eventhough he has been a dead beat dad. Even prisoners have rights to see their kids.
Could you apply for sole decision making instead? That way you can make all decisions regarding your child without needing the fathers permission. It won't stop him from having some interaction with your daughter but it will definitely make things easier. If you don't have court orders, you have control of when/if he sees your daughter anyway. I know you will get some negative feedback from this post but do what you feel is best for your daughter :) best of luck!