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Kat31
custody question
by Kat31
December 31, 2012 at 10:11 AM
If someone lives with their child's father but is unmarried and decides to leave how do you go about establishing custody?

Replies

  • Tetiry92
    December 31, 2012 at 10:27 AM
    You go to court you will most likely retain custody and he will recieve visitation rights unles you do drugs are a danger to yourself or others etc.
  • Kat31
    by Kat31
    December 31, 2012 at 10:30 AM
    So she would have to file some sort of custody papers in court? Does she need a lawyer?


    Quoting Tetiry92:

    You go to court you will most likely retain custody and he will recieve visitation rights unles you do drugs are a danger to yourself or others etc.

  • tyfry7496
    December 31, 2012 at 10:32 AM
    Yes she would have to file papers in court. No she would not necessarily need an attorney but its best to have one to make sure the child is protected.

    Quoting Kat31:

    So she would have to file some sort of custody papers in court? Does she need a lawyer?




    Quoting Tetiry92:

    You go to court you will most likely retain custody and he will recieve visitation rights unles you do drugs are a danger to yourself or others etc.

  • Kat31
    by Kat31
    December 31, 2012 at 10:34 AM
    Sorry, I'm asking ?s for her as she doesn't have an acct. She can't afford a lawyer and there is no legal aid in this area, so she was worried about filing court papers and cost.


    Quoting tyfry7496:

    Yes she would have to file papers in court. No she would not necessarily need an attorney but its best to have one to make sure the child is protected.



    Quoting Kat31:

    So she would have to file some sort of custody papers in court? Does she need a lawyer?






    Quoting Tetiry92:

    You go to court you will most likely retain custody and he will recieve visitation rights unles you do drugs are a danger to yourself or others etc.


  • Kat31
    by Kat31
    December 31, 2012 at 11:38 AM
    Someone told her she automatically had custody already because she is an unwed mother. That's not true then?
  • owl0210
    by owl0210
    December 31, 2012 at 11:59 AM

    If the father isn't on the birth certificate then paternity will have to be established.  

    Quoting Kat31:

    Someone told her she automatically had custody already because she is an unwed mother. That's not true then?

     

  • MommyTo5Boys
    December 31, 2012 at 12:01 PM

     Go to court and file for custody. You do not need a lawyer for this, and family court is free.

     If mom and dad were never married and bio dad is not on the BC or never signed an acknowledgement of paternity then Mom has full custody until dad files for custody in court.

     

  • Kat31
    by Kat31
    December 31, 2012 at 12:07 PM
    He is on the bc and signed a paternity acknowledgment.


    Quoting owl0210:

    If the father isn't on the birth certificate then paternity will have to be established.  


    Quoting Kat31:

    Someone told her she automatically had custody already because she is an unwed mother. That's not true then?

     


  • Kat31
    by Kat31
    December 31, 2012 at 12:07 PM
    He is on the bc and signed a paternity acknowledgment.


    Quoting MommyTo5Boys:

     Go to court and file for custody. You do not need a lawyer for this, and family court is free.


     If mom and dad were never married and bio dad is not on the BC or never signed an acknowledgement of paternity then Mom has full custody until dad files for custody in court.


     


  • sid1083
    by sid1083
    December 31, 2012 at 12:09 PM

     She can always call her county courthouse and the clerk can give her all the information. Many counties have fee waivers and/or deferrals for low income. Her local child support office is also a good information source - even if she doesn't have an open case.

    Quoting Kat31:

    Sorry, I'm asking ?s for her as she doesn't have an acct. She can't afford a lawyer and there is no legal aid in this area, so she was worried about filing court papers and cost.


    Quoting tyfry7496:

    Yes she would have to file papers in court. No she would not necessarily need an attorney but its best to have one to make sure the child is protected.



    Quoting Kat31:

    So she would have to file some sort of custody papers in court? Does she need a lawyer?






    Quoting Tetiry92:

    You go to court you will most likely retain custody and he will recieve visitation rights unles you do drugs are a danger to yourself or others etc.


     

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