QUESTION
Can I get full custody of my son without having to petition the father for it?
Asked on Aug 23rd, 2011 on Child Custody - Georgia
More details to this question:
My son is 3 weeks old and his father is not around. His name isnt on the birth certificate, nor has he acknowledged paternity. Can I get full custody of my son without having to petition the father for it?
16 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Does he know he is the dad?
Answered on Jul 03rd, 2013 at 10:20 PM
You DO have sole custody of your child since you were not married to him. He has no legal rights to him unless he were to file for paternity orders.
Answered on Aug 24th, 2011 at 7:18 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You have full custody by default until and unless he establishes his rights legally.
Answered on Aug 24th, 2011 at 6:52 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You can either do nothing and wait for him to take action or commence a paternity action. The latter is the only way to establish "full custody".
Answered on Aug 24th, 2011 at 5:39 PM
Roianne Houlton Conner
No you can not. For full custody there must be a determination made by the Court.
Answered on Aug 24th, 2011 at 5:39 PM
It seems to me that you may already have full custody of your child by default. You said that the "father" is not around, that he is not on the birth certificate, and that the "father" has not signed an acknowledgment of paternity. I assume that the two of you were never married to each other. Assuming all of that to be true, then, from a strictly legal stand point, he is not the father. Until some appropriate legal action is taken to determine paternity, the "father" has no particular legal rights in or two the child at all. The down side of this is that until paternity is determined in some fashion, you're not going to be able to collect child support from him. Further, the state will likely insist upon determining paternity if you go on public assistance, as the state will want to try to get reimbursed from him.
Answered on Aug 24th, 2011 at 5:24 PM
Steven D. Dunnings
If the father has not filed an affidavit of parentage (different from a birth certificate), not filed a petition for paternity and custody or parenting time, you do not need to worry.
Answered on Aug 24th, 2011 at 4:58 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You have sole custody and placement until or unless a father is determined by court order.
Answered on Aug 24th, 2011 at 11:16 AM
2 Awards
You have full custody until the father takes some court action to establish his legal paternity. At this point, unless you are seeking child support or state benefits, there is no reason for you to push the issue. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 24th, 2011 at 10:37 AM
In Georgia, if a child is born out of wedlock, the father has no legal rights concerning the child until he obtains a Court Order stating that he is the Legitimate father of the child.
Answered on Aug 24th, 2011 at 10:29 AM
Patricia C. Van Haren
No, you can not get sole custody of your child without filing a petition with the court. However, if the father is not involved or on the birth certificate, the burden would be on the father to attempt to establish paternity and seek visitation.
Answered on Aug 24th, 2011 at 10:11 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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It is a moot point. The father has no legal rights until paternity is established, so you don't need to do anything at this time.
Answered on Aug 24th, 2011 at 10:05 AM
Well, on the facts you posit, for now, at least, you have full custody.
Answered on Aug 23rd, 2011 at 8:54 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Until there is a court order establishing who the legal father is and setting out what his specific parental rights are, you are the only legal parent. Therefore, you do not need to do anything to "get full custody" - regardless of what you mean by that term. Colorado no longer uses the term "custody" and provides that courts may "allocate parental responsibilities" when judicial intervention is necessary. Sooner or later before the child is 18 years old, however, it is likely that some disputes will arise that will be difficult to handle without a court order. And, until there is a judicial determination, you have no means of collecting child support from the father. For those reasons, the best thing you can do for the benefit of your child is to begin a paternity case and have all parental rights and obligations established now.
Answered on Aug 23rd, 2011 at 7:29 PM
Under Arizona law, if the parents were never married and there are no court orders to the contrary, the parent with whom the child has resided for the greater part of the last six months has custody. Further, if you were not married to the father, then he would not have rights or obligations regarding the child unless/until he files a paternity action to claim those rights.
Answered on Aug 23rd, 2011 at 7:08 PM
Glen Edward Ashman
If you are unmarried, in Georgia you have sole custody automatically and the father has no parental rights unless he seeks them in court.
Answered on Aug 23rd, 2011 at 6:43 PM