QUESTION
Do I have full child custody if we did not go to court?
Asked on Jun 30th, 2011 on Child Custody - Georgia
More details to this question:
My son's father and I are not married, but my son and I are not living with him due to his habits. Do I have full custody of my son even we didn't go to court?
16 ANSWERS
It really does not work that way.
Answered on Jul 11th, 2013 at 1:41 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You and the Father have the same rights until a parenting plan is put in place.
Answered on Jul 04th, 2013 at 2:33 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law you need to have a court ordered parenting plan to establish what the rights of each parent are to time with the child.
Answered on Jul 04th, 2013 at 12:44 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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The child's father will need to be legally adjudicated the father before establishing custody rights.
Answered on Jun 26th, 2013 at 12:53 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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Yes. In fact, even though he may be on the Birth Certificate, until he files a Paternity case he has no legal or physical custody of the child.
Answered on Jul 06th, 2011 at 8:51 AM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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The biological mother is presumed to have custody of a child in Ohio. The father needs to take affirmative steps, when the parents are not married, to establish paternity and to obtain any type of custodial rights.
Answered on Jul 05th, 2011 at 11:33 AM
If you have never gone to court, then yes, you have sole custody. This is spelled out under chapter 767 in the paternity section. Sometimes even law enforcement has to be shown this section so that a child can be returned to the mother when there are no orders.
Answered on Jul 05th, 2011 at 11:26 AM
William Guy Pontrello
No one has custody without court proceeding. You both have equal rights.
Answered on Jul 05th, 2011 at 11:24 AM
In Georgia, if a child is born out of wedlock and the father does not "legitimize" the child in Superior or Juvenile Court, the father technically has no legal rights. Once he obtains an order of legitimation, he will have legal rights.
Answered on Jul 05th, 2011 at 11:21 AM
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 paternity and parenting responsibilities for the bio-father, he has no specific, enforceable rights. As the mother, you have the same parental rights you would have if the other parent had died, but there is nothing you can point to that says what those rights are. The fact that you are asking the question suggests that there is, or soon will be, a disagreement brewing between you and the father; so, that suggests you should consult an attorney soon and begin the judicial proceedings necessary to clarify which parent has which rights and responsibilities.
Answered on Jul 05th, 2011 at 11:10 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you were never married and the father's paternity has never been established either by a judge or through an administrative action, then by default, you are the custodial parent until a judge determines otherwise. This means that the father would need to file a paternity action to establish himself legally as the biological father, which would then subsequently determine the division of the parental responsibility for the child and timesharing with the child between the two of you, as well as child support.
Answered on Jul 05th, 2011 at 11:00 AM
4 Awards
Without a court order you are considered the child's "natural tutrix," meaning you have care, custody and control of your child as against the State orany third party who is not a parent. Your rights visvis the father are different. If the father files a formal affidavit of paternity, he may bring you to court to recognize his parental rights and gain custody or visitation. Problems arise when fathers who are on the child's birth certificate come to a day care or school and leave with the child, which is within their parental rights as well. You should protect your rights to the fullest extent by pursuing a custody order, and perhaps a paternity/child support order from the child's father.
Answered on Jul 05th, 2011 at 10:46 AM
The answer is: Maybe. If will first depend on whether paternity has ever been established. Since you said that the two of you were never married, then, the alleged father may not have any rights to the child until paternity is established. There are two ways to do this. One is through court action. The other is through the father having filed with the state an unrevoked declaration of paternity. Once paternity is established, the two of you have more or less equal rights in the child until the court enters a parenting plan or other orders relating to custody and visitation.
Answered on Jul 05th, 2011 at 10:41 AM
Patricia C. Van Haren
No, you do not have full custody. If your son's father is on the birth certificate, you both have equal custody until orders are made from the court. What that means for you is that your son's father may come pick up your son without your consent as he is the father. You may also then pick up your son without the father's consent. In order to establish custody and visitation, you would need to file a Petition for Custody and Visitation with the courts. If your son's father is not on the birth certificate, he would need to establish paternity prior to having any type of custody over your son. You should contact a family law attorney for specific information relating to your case.
Answered on Jul 05th, 2011 at 10:19 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You do have full custody pursuant to ORC 3109.042 which says: An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.
Answered on Jul 05th, 2011 at 10:13 AM
Glen Edward Ashman
Until and unless the bio-dad files a petition to legitimize the child, you have sole custody and he has no right to see the child. (Regardless, he does have to give you support at least once every 30 days and you can swear out a warrant and have him put in jail if he does not).
Answered on Jul 05th, 2011 at 10:05 AM