QUESTION
How can I obtain legal child custody orders?
Asked on Dec 04th, 2011 on Child Custody - Oregon
More details to this question:
My daughter is 19 months old. When she was 2 weeks old her father kicked us out of the home thereby ending our 1 year relationship. We were never married, yet she carries her father’s last name. I would like to know, since I let him come and get her on the weekends for visitation, how can I have legal documentation proving that I have sole custody since we never went to court? Does he have the exact same legal rights to her as I do? Could he if he wanted to, decide to keep her and not give her back to me legally?
11 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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If the father signed the birth certificate and affidavit of parentage, he is the legal father. he has the same rights to custody as you do. You should go to court and get a custody and visitation order to formalize your relationship.
Answered on Dec 12th, 2011 at 12:38 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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If he is on the birth certificate, he is the preaumed dad. You could file a support order. It is correct, however, that until there is a custody and visitation order signed by a judge, you both have equal rights to the child. I recommend you see an attorney and get that order quickly, especially if you two are not getting along.
Answered on Dec 07th, 2011 at 12:27 PM
Insurance Attorney serving Cumming, GA
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Law Offices of Dorothy Spinelli
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A document would have to be filed with the court wherein you would note that your daughter lives with you and ask for primary physical custody. You would be able to have a parenting schedule, which would list the times he has your daughter and when you have your daughter. You could also be entitled to child support.
Answered on Dec 07th, 2011 at 10:21 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, the father has no "legal rights", so you don't need a separate legal document saying anything about "sole custody". For now, his only legal right is to go to court and have the judge decided what specific rights he should have so you don't need to do anything. It would be better, however, for you to start a paternity case now so that you can get all of the issues, including father's financial child support obligation, established once & for all.
Answered on Dec 07th, 2011 at 9:38 AM
Criminal Defense Attorney serving Memphis, TN
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Ruchee J. Patel, Attorney at Law
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You don't have sole custody and yes you both have equal parenting rights. Absent any abuse or failure to support, you cannot terminate or curtail his rights. If you want "legal rights," you should file a child support petition. He can then request a visitation order or parenting plan order.
Answered on Dec 07th, 2011 at 8:39 AM
Steven D. Dunnings
Until you get a court order establishing who has legal and physical custody, if he chooses not to return the child, there is nothing you can do unless there is no legal documentation to establish he is the biological father. Legal documentation would be an Order of Paternity entered by a Circuit Court or an Affidavit of Parentage (not to be confused with a birth certificate).
Answered on Dec 06th, 2011 at 7:06 PM
1 Award
You are currently equals under the law and either one could refuse a visit from the other. You should file a custody action in the courts and establish your role as the custodial parent with a proper court Order. You could also ask for child support.
Answered on Dec 06th, 2011 at 6:53 PM
Criminal Law Attorney serving Ellicott City, MD
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Law Office of William C. Wood, LLC
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In the absence of a court order regarding custody, you each have the same legal rights regarding the child and, yes, he could keep the child from you. You would need to file a complaint for custody in the Circuit Court where you and the child reside. Custody matters can become quite complex, so I would strongly recommend that you consult with an experienced family law attorney to discuss your case in detail.
Answered on Dec 06th, 2011 at 6:48 PM
You will have to file with the court to obtain these documents. Depending on your circumstances, that will be either a filing for Decree of Parentage, or a Decree of Paternity. In either event, the process will establish custody, visitation, and child support obligations. This process can be very challenging to go through by yourself. Without an order though, both parents have equal rights to the child and there is no order granting custody to either parent, thus one parent could move and keep the child otherwise. It is important that you get this set up and established to protect yourself and the child as soon as possible. You should contact a competent attorney in this field and discuss your options with them.
Answered on Dec 06th, 2011 at 6:48 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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When there are no court orders, there are no rules. One advantage here is that when parents are not married, the father must have signed a Declaration of Paternity, or a court must make a LEGAL finding that he is the father to have LEGAL rights to custody or visitation. However, the father has complete power to visit with the child, and has NO LEGAL OBLIGATION to return the child to the mother. Often court cases start because there is a disagreement, the child is not returned, and it could easily be a one-month period before the other parent sees the child again. Be safe, obtain enforceable court Orders, or life could become unbearable overnight! When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life.
Answered on Dec 06th, 2011 at 6:48 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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The only way to establish legal custody is to obtain a court order. Without a court order, each parent has equal rights to the child and one could withhold the child from the other.
Answered on Dec 06th, 2011 at 6:47 PM