QUESTION
Can my boyfriend go behind my back and get custody of my baby if we do not live together?
Asked on Jul 10th, 2013 on Child Custody - Georgia
6 ANSWERS
No. If he goes to court he must give you Notice.
Answered on Jul 10th, 2013 at 10:01 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In a word, Yes (assuming he's the father of the child). He can petition the court for custody of the child without your permission, although he does have to give you notice of the court action. To prevent this from happening, get a lawyer and petition for custody yourself.
Answered on Jul 10th, 2013 at 10:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He is entitled to custody just as much as you are until there is a court order determining custody.
Answered on Jul 10th, 2013 at 10:01 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Nothing can occur "behind anyone's back." Central to the American judicial system is notice to all parties who have an interest in the matter.
Answered on Jul 10th, 2013 at 10:01 PM
4 Awards
No. He has to give you notice. If you are not married you are de facto custodial parent in Nebraska. He would have to establish paternity and open a case to establish custody, support, and parenting time.
Answered on Jul 10th, 2013 at 10:01 PM
Insurance Attorney serving Cumming, GA
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Law Offices of Dorothy Spinelli
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To get custody he has to file a complaint with the court and have the complaint served on you. He could also claim you have done something to hurt the child and file another type of lawsuit with the Court, called TPO. While the TPO does not require you to have notice of the first hearing, it does for the 2nd hearing. You may want to consider therapy, if you boyfriend is trying to get custody behind your back.
Answered on Jul 10th, 2013 at 3:00 PM