Can I refuse my father's request for custody?

Questioner

I have never been married or lived with my ex. We have a 6 year old daughter and now he wants custody and there is already a case in court. He did a DNA test but can I refuse his request? He is not a good father.

Lawyer

Applying for parental authority is a legal procedure. Under Dutch law, if the father has biologically proven that he is the father, as in this case with a DNA test, then he has the right to apply for parental authority. Joint authority over a child can be granted by the court at the request of the parents or one of them. If there is already a case in court, this means that the decision will ultimately be made by the court. The judge will always put the best interests of the child first and look at what is best for the child, also when assessing the request for parental authority. If you believe that the father does not have good parenting skills, it is important to show this to the court with evidence to support your position. This can be through witness statements, emails or other documents that show his behavior. At this time, as a mother, you cannot directly refuse his request for custody, but you can present your concerns and arguments to the judge. It is strongly recommended that you consult a lawyer, or even better, a specialized family law attorney to assist you in this procedure. They can help you formulate your arguments and present evidence. ---------------- Please note! This orientation advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.