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Old 08-10-2020, 05:16 PM
Taher Taher is offline
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Originally Posted by Janus View Post
Nope, incorrect.

1) Parents do not have rights, only obligations

2) More importantly, the court is unconcerned with the welfare of non-custodial parents, not necessarily just fathers

Lots of fathers work full time and still have custody. In fact, the vast majority of fathers work. Abandoning your child because you value work over the child generally looks terrible in court.

Almost impossible. It will be at least a year until the matter is heard, and by then there will be 2 years of status quo. Even worse, the father has no reasonable excuse for why he did not pursue custody immediately.

Very likely yes. A portion of it at least.

1. Status quo against the father
2. Mother is unemployed and stays home with child
3. Father has a weak support system
4. General sexism in the family courts

A presumption of shared parenting was explicitly rejected by the legislature. The bar association argued strenuously against that. Appropriate conclusions can probably be drawn.

Also, in this case, the father did give up. Remember? Allowed the mother to take the kid because he was working? That's giving up.

I think you will likely lose either way. What has changed in the last 7 months (besides realizing the child support is expensive)? Why was the child better off with the mom 7 months ago, but that is no longer the case?
Janus, thanks for your replies. The father did not leave the child with the mom because of work only. There were some valid reasons and circumstances making things difficult for the father to take his child's custody. Now that the things are in a better state, he can go for a 50/50.
Secondly, not fighting for 50/50 just for money. There are things that are beyond this which cannot be disclosed here. Thanks for your help. And just to clarify, father leaving the child is a presumption here; the reality is opposite unfortunately.
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