QUESTION
Can I get sole custody of my infant if we were never married?
Asked on Nov 09th, 2011 on Child Custody - Alabama
More details to this question:
I want sole custody of my infant, but we were never married. Do I need to get a lawyer for that? How do I do this?
11 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Yes.
Answered on Jun 02nd, 2013 at 9:46 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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I cannot determine whether you are the mother or the father, so it is difficult to respond to your question. If you are the mother, you are the only one with parental rights until the father files a petition for legitimation with the court. If you are the father, you will need to file a petition for legitimation in the county where the child resides and ask for custody and/or visitation. Legitimation should be a simple process, but when one of the parents is asking for sole physical and legal custody, you should definitely talk to an attorney.
Answered on Nov 14th, 2011 at 11:34 AM
Criminal Trial Practice Attorney serving Buffalo, MN
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Buselmeier Law & Associates, P.A.
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Since you were never married, the male does need to Petition the court for paternity, custody, and parenting time. Without consent or court order, you have no entitlement to any of these things whatsoever. Are you the mother or father? I would always recommend an attorney especially considering your child is an infant. Mothers are oftentimes favored in the early years.
Answered on Nov 11th, 2011 at 2:12 PM
Maybe. First, paternity would have to be established, since you were not married. Once paternity has been established, you could go on to address parenting plan issues.
Answered on Nov 11th, 2011 at 2:03 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If you were never married (and absent a court order to the contrary), the mother has sole custody. Until a court orders otherwise, dad has no custody or placement rights.
Answered on Nov 11th, 2011 at 9:42 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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The custody determination will be similar to an initial custody determination between married couples. There is a new Illinois appellate court case on this issue. You will be entitled to child support if you win custody. Also, you will be required to pay child support if you do not win the custody issue.
Answered on Nov 11th, 2011 at 9:28 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You should file a petition to establish a parenting plan.
Answered on Nov 11th, 2011 at 8:37 AM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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You can get sole custody you can Petition in the Family Court.
Answered on Nov 11th, 2011 at 7:39 AM
Glen Edward Ashman
No one can guess at your chances but you certainly need a lawyer.
Answered on Nov 11th, 2011 at 7:38 AM
If you were never married and the father was never adjudicated to be the father; you already have sole custody. It does not matter if his name is in the birth certificate or not. If you were not married and he never had DNA test & filed a paternity action then his rights to the child have not been established.
Answered on Nov 11th, 2011 at 7:37 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Since you don't even say if you are the mother or the father it is difficult to even attempt an answer that might help you. The simple answer is that custody of a child doesn't have any dependence on marital status because the concern is for the child. If parents are married, custody is decided in a divorce case; if they are not married, it is decided in a paternity case. Until there is a court order saying otherwise, the unmarried mother has full legal authority and the unmarried father is a legal stranger.
Answered on Nov 11th, 2011 at 7:37 AM