If your child is 17 months old and she has been living with you her father for 13 months can you get sole custody?

Answer 1

Has the child's mother exercised visitation? If so, I would strongly discourage you from trying to get sole custody -- unless it is in the best interest of the child. If the mother is doing drugs or putting the child at risk in some other way, then it will not be hard to obtain full custody if you can prove that she is unfit. If she has taken no interest in the child in 13 months, it shouldn't be difficult to obtain sole custody either. However, if the mother cares and wants to see her child and does not put the child at definite risk, then obtaining sole custody won't only hurt the mother, but the child will suffer for the rest of her life. It is extremely important to have a bond with your mother if that is at all possible - otherwise you deal with feelings of rejection, insecurity, low self-esteem, and unworthiness...this I know because my dad took me away from my mom when I was just 8 years old and to this day my mother and I don't have a real close relationship - which as created some real problems in my life. Hope that helps you. And please don't take this the wrong way - if your child is at risk with her mother, you need to take action for at the very least supervised visitation. Take care and good luck.

The answer given by the previous poster is a very good one. You probably would be able to get sole custody. However, unless the mother is adjudicated as unfit (and perhaps not even then) she would not be denied visitation rights. Unless she was willing to relinquish all of her parental rights and obligations. She could be required to pay child support just as a father could be. The emotional aspects IMO are as important as the legal ones.