I separated 7 months ago. My husband moved out in November and is living in Florida with his elderly parents. He was laid off last November. My son is 14 and is from my previous marriage. My husband adopted my son but he was mean and verbally abusive. My son doesn’t want to see him or answer his texts. My husband has not seen my son since December.
In the separation agreement, I am asking for sole custody both legal and physical, with visitation only when son is comfortable. Husband is refusing to sign. My son is willing to tell the judge that he wants to live with me and not see his Dad. We have audio/video recordings of the father yelling, berating, name calling etc.
My husband has not sent any child support since December. Even though he is unemployed, he has income from rental property and a business.
Do I have enough grounds to file for sole custody with no visitation?
I read that it is considered parental abandonment if the parent doesn’t care for or provide support for the child for over 6 months, which is true in this case.
Thanks!
You do have enough to file a complaint for child custody asking for sole legal and physical custody. A judge may or may not award this depending on how much the father fights to court complaint.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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