I have full custody and joint legal custody of my child. The court order states visitation every other weekend from my ex, but he moved out of state during the divorce and has never honored that order. He’s only visited once a year for the last five years. I never filed for child support because I was hoping he would get himself together to help, but now that he’s finally paying, he filed for custody and we have a hearing soon. He lives thousands of miles away. What can I expect from court? Can he actually get custody and take our child to another state?
He has no chance. The judge will likely see this as retaliatory for you filing for support. He’s abandoned your child for five years and hasn’t provided emotional or financial support.
I’m not a lawyer, but given that he had rights to the child and never exercised them, I doubt the court will give him 50/50 custody right away. It’s more likely there will be a gradual process to shared physical custody. Plus, since he lives out of state, the burden should be on him, not the child, for travel, depending on her age. You should definitely get a lawyer if you can. His lack of involvement works in your favor, and it seems like he just wants custody to reduce his financial obligation.