QUESTION
How do I get child custody if I was never married?
Asked on Sep 22nd, 2011 on Child Custody - Pennsylvania
More details to this question:
My 12 year old son called me today and told me he wants to live with me. The father nor I have custody because we were never married. How can I get him if his dad refuses him to go? They live in a hotel and I rent a 3 bedroom house.
13 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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File a paternity action.
Answered on Jun 19th, 2013 at 1:19 AM
In Wisconsin, the mother has sole custody until rights are established through the court system for the father - if the parties were never married. So it is not correct that neither of you have custody. If you are not in WI, you should check on the rights in your state.
Answered on Sep 26th, 2011 at 10:27 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Under Nevada Revised Statute 126.031, "The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents." Each parent has a right to raise their child regardless of marital status, but without a court order it is difficult to enforce your rights as a parent, especially if you do not get along with the other spouse. You can file a complaint for custody or if you cannot work out an amicable agreement with the other parent, then perhaps an attorney can help with the negotiations.
Answered on Sep 26th, 2011 at 10:09 AM
If neither of you have custody, you have equal rights. I suggest that you file for custody pendent lite and permanently.
Answered on Sep 26th, 2011 at 5:19 AM
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Just because you were not married does not mean you may not sue for custody. The same factors will apply, and the court will decide the case in the best interest of the child. You will simply have to obtain an attorney and sue your son's father for primary custody.
Answered on Sep 23rd, 2011 at 11:19 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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If you and the father don't agree, the only way to get custody is to file a petition for custody with the court in the county that the child resides in.
Answered on Sep 23rd, 2011 at 6:29 PM
You are probably going to have to hire an attorney. You don't say in your question whether paternity was ever established. If it has not been established, then, you will have to do that. Regardless of whether paternity is established, you will need to file a parenting plan action. This type of action is asking the court to create a parenting plan and child support. The parenting plan will give you specific rights to the child that could then be enforced through the court system.
Answered on Sep 23rd, 2011 at 2:46 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Everything that happens in the court system starts with a complaint. Go to the court immediately. File a Complaint for custody. Describe the situation, and ask the court to hear the matter on short notice.
Answered on Sep 23rd, 2011 at 12:47 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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There is no way neither of you have custody. If you never went to court or had paternity established, you have sole custody.
Answered on Sep 23rd, 2011 at 12:34 PM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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First, you may somehow obtain actual physical custody of your son, and refuse to allow the father to have visitation or custody. Since there is no court order, according to your information, the father has no legal right to any time with YOUR son. I advise you to have competent legal counsel retained so when the fight starts you are fully prepared to exercise your legal rights. You will be in a far better legal position to have previously prepared for a legal battle, if necessary.
Answered on Sep 23rd, 2011 at 10:08 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You have apparently created a difficult and complicated situation if you have a 12 year old child living with a man who has never been judicially declared to be the child's father nor given any specific parental rights. At this point, you need to do what you should have done 12 years ago and that is to initiate a paternity & allocation of parental responsibilities case in the district court of the county where you live so that a judge can adopt any specific agreements you and the father have and decide those things you cannot agree on. That will result in a court ordered parenting plan that says specifically what each parents rights and responsibilities are. Those decisions will be based on what is in the child's best interest after considering all relevant facts and circumstances, including how long the child has been actually living with the father. Legally, right now the father has no specific legal rights because there was never a court order saying what rights he has. But, without a court order there is nothing that law enforcement authorities can do to assist you. You need to consult an attorney ASAP to head off any more serious conflict.
Answered on Sep 23rd, 2011 at 10:03 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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File to establish a parenting plan.
Answered on Sep 23rd, 2011 at 10:03 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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File a custody complaint even though you were never married (or as though you were married) against the father, because you are still the mother.
Answered on Sep 23rd, 2011 at 8:48 AM