Most single parents who have gone years without ever seeing the partners that helped them create their children are surprised when these absent parents suddenly show up and serve papers on the parents who have been present all along. It becomes a case of shock and awe, and the child custody battles that ensue are legendary. The parents who have stayed and raised the children are stunned that any court would give any sort of custody rights to a parent that refused to be present in his/her child's life for so long. If you are facing a courtroom drama with the former partner who was absent but served you with child custody papers, you need an attorney that specializes in child custody services. In the meantime, here is how your former, absent partner can get custody.

Prove Maternity or Paternity

A formerly absent parent must first prove that the child or children in question are legitimately his/hers. This involves a DNA test and birth records, which are easily obtained if the formerly absent parent is listed on the birth record. The DNA test is ordered by the courts before any custody case can be heard.

Proving Mental and Emotional Stability

The courts assume that any parent that vacates the city and state in which their child resides and does not ask to see that child may have mental or emotional stability issues. Your lawyer can request that a thorough mental health exam be administered to your former partner so that it can be established that he/she is in his/her right mind. If there are any mental or emotional red flags, the tests can usually detect them, and send any concerns to your lawyer. Otherwise, your former partner is free to pursue child custody rights. 

The Court's Standing on Parental Connections

Despite the fact that you are the parent that has been present for your child or children all along, almost all courts now stand on the idea that a child has equal rights to see both parents and spend time with both parents. Is it fair? To you, it is not. To your child, it was not fair for him or her to be without the other parent this entire time. As such, the court may still rule that the father or mother of your child(ren) is entitled to have visitation. The amount of custody and visitation time is up to the judge, but your lawyer can ask for very specific days and times. 

Contact a law firm, like Top Tier Law Group, for more help.