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I, the mother, am the primary caregiver of our child. The father and I are no longer together and are living separately. I am deciding on whether or not to file for child support but the father stated that in the case that I file for child support, he will file for custody of the child. He still comes to visit/see our child a few times a week, but I would like to know as her mother as well as primary caregiver, what my legal rights are and whether or not I could receive full/sole custody of our daughter.
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If you are not married to the father you have sole custody. If you file for child support through the Office of Child Support Recovery the father will not get any rights. The Office will not even give him your address. On the other hand he can file for visitation or custody at any time through a process called legitimation. If he files the judge will give him visitation rights and make sure he is paying child support.
Answered on Jul 29th, 2014 at 7:32 AM