Posting for a friend: This will be a lot of information as my friend wants to be transparent and get realistic advice or experience.

Cp- custodial parent

Ncp- non-custodial parent

This friend is CP, and mother.

NCP is father.

They were never married. Together until child was 1 1/2. Never went to court.

They broke up in mid-2015

(NO EXISTING COURT ORDER)

Child is nearly 7.

Paternity was established at birth.

CP allowed visitation with NCP from split to current situation. (NCP last took child for visitation in December 2019)

Typically NCP took child when younger for a lot less time, when child turned 4 and started preschool NCP took child for visitation on school breaks.

NCP doesn’t pay child support. But, whenever CP has asked for money in past for this or that reason, NCP did send it. But CP doesn’t ask too often. NCP has provided clothes, shoes, medication in the past.

It was a mutual decision not to do child support.

CP has completely cared for child. Taken child to 100% of doctors appointments.

NCP has only been to a few appointments in child’s entire life.

NCP has little involvement with school, but has made it to a couple school functions.

My friends concerns are:

CP has moved around a lot. She hasn’t always made the best relationship choices, and has had about 3 different men in child’s life, and does struggle with keeping employment at times.

NCP has never interfered with any moves, and CP did end up moving nearly 4 hours away from NCP about 1.5 years ago (early 2018). She had to move from this home in Dec because it became unsafe.

CP moved in Dec 2019 in to a friends home, and was suddenly kicked out by said friend in March 2020. At that time she had to stay in a hotel with her children and contact her parents for help. They convinced her to move to their home. But it was in a different state. She did move, and provided only a few days notice to NCP of the move.

NCP wasn’t happy with this move, and threatened to file for emergency custody. This really scared CP so when he requested to see child before they left the state she said no. She did end up allowing him a 2 hour visit in a public place though for fear he would take her.

CP moved out of state in mid March. (800 miles from NCP)

NCP filed in court for 50/50 legal and physical custody, but asked for primary custody in child’s home state. CP would only get summer visitation, every other Chrstimas and every New Years.

CP and parents helped secure her a lawyer in home state.

CP responded with asking for sole legal and physical custody because she has always been sole caretaker of child. She offered NCP about 52 days a year for visitation.

Now, CP is very concerned. She doesn’t want to lose her daughter.

CP knows NCP has been in a stable relationship for probably close to 4 years. They live in their home with 5 children (2 ncps, 3 is significant others). NCP has steady employment and has had that for over 2 year.

CP doesn’t have much to say other than child enjoys visitation with NCP and they have had little issues in the last year.

Although, child has returned home from NCP sick a couple times. (Strep once, double ear infection the second time)

CP thinks NCP had child for total of 70-ish overnights last year (2019). But previous years have been significantly less.

NCP does call on phone frequently, used to be 1-3 times a week, and has gone longer at times, but now since move calls EVERY SINGLE DAY.

NCP has requested summer visitation 3x since move. CP has refused the visitation as she is fearful NCP would not return child.

Does CP have a chance at keeping primary custody of their daughter?

My friend, CP, is really freaking out.

Can he really get her even though he hasn’t ever paid child support, had infrequent visitation before last year?

Child’s Home State: Missouri (has jurisdiction)

CP relocated to North Dakota in March 2020

***Edited to Add

Lawyers are currently working on a summer visitation. But NCP didn’t agree to what CP offered him (May 30-June 1 and July 12-Aug 1). He is requesting more time this summer.

Also, CP wants to know what kind of proof NCP would have to have in order to disprove what she has said? CP doesn’t remember all visitations and did not keep track of all of them.