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Never married Child Custody

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Cindy+3

Guest
What is the name of your state? Arizona
My boyfriend and I lived together for over 5 years and we have a 4 year old daughter. His name is on the birth certificate and she has his last name. I have 2 other children of my own. I moved out 3 days ago after desperately trying for years to help him to overcome a drug and alcohol addiction. My question is, who has custody over our daughter? I've heard that whoever has her 'physically' has custody of her. I have refused to answer or return any of his phone calls because I don't want pressured into letting him see her. Please help!
 


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hexeliebe

Guest
You heard wrong. What you are doing by not keeping in contact with him regarding your daughter is giving him grounds for parental interference should he go to court for custody.

There are all kinds of things you should be doing now but the least of them is giving him any reason to have the court grant him custody.

I'm not saying this will happen, but you're playing a dangerous game. THE COURT, not you, will decide if he has the right to visitation and the longer you play this game the weaker any case you have to limit his visitation will grow.

If you really want to protect your child until he gets help, then find an attorney now and take this matter to court so clear visitation and custody issues can be settled.
 
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Cindy+3

Guest
Telephone

I have not talked to him on the phone because he is usually verbally abusive and threatening (I have recorded the messages). I have let my daughter talk to him on the phone but he hasn't asked for her to come there. I don't want her to go there because I know he's using drugs. I still don't understand, who has custody right now? Another question, in a custody proposal, can I ask for drug tests?
 
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hexeliebe

Guest
Please talk to an attorney in your area. While you can ask for anything you want, the judge will tell you what is allowed and what isn't.

Physical custody is different than custody of the child and that is a matter for the court to decide.

Just remember, until you get this matter settled in court, either you or the child's father have the same rights.
 

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