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Rights of Primary Caregiver with No Custody Order

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  • 02-10-2011, 02:36 PM
    kenziesdaddy02
    Rights of Primary Caregiver with No Custody Order
    My question involves a child custody case from the State of: Arkansas
    Me and my daughters mother split up about one year ago and were never married.I am listed as the father on my childs birth certificate.Her mother got mad at me a few days ago and went and came to pick my daughter up then later on told me she's staying with her now.My daughter has been in my care for the last year since we split and this is where she wants to be.I have never kept her mother from seeing her whenever she wants to and did not expect this to happen.She gave my daughter to me after we split because she told her that she wanted to live with me and has been with me ever since.Do I have any rights as being the primary caregiver for the last year?
  • 02-10-2011, 03:03 PM
    aardvarc
    Re: to Know My Rights
    Absolutely. You have the right to petition in family court for an order for visitation or even primary custody. Since you were the child's primary caregiver for such a substantial period of time, you may have an excellent shot at primary custody. How much weight the judge will give to the wishes of the child is really dependent on the age of the child, the child's reasons, and the judge themself.
  • 02-10-2011, 03:05 PM
    Dogmatique
    Re: to Know My Rights
    You should file to establish custody and visitation; you should also expect Mom to argue that your daughter hasn't been with you.

    Do you have school records etc., showing your address? Her doctors etc., have your information?
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