QUESTION
How do I know who gets full custody of a child?
Asked on Jul 15th, 2011 on Child Custody - Oregon
More details to this question:
The father of the baby has his name on the brith records, but there has been no custody filed by the courts. I would like to know who has full custody of this child the mother or the father? Also he pays no child support.
17 ANSWERS
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You should commence a paternity action so custody and support rights are clearly established.
Answered on Aug 05th, 2011 at 6:03 AM
Employment & Labor Attorney serving Oregon, OH
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Rice & Co.
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In Ohio, an unmarried mother has legal custody unless and until there is a court order saying otherwise. The father would need a court order to enforce even visitation rights.
Answered on Jul 20th, 2011 at 8:09 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Colorado no longer uses terms like "full custody" so your question fails to recognize the fact that a child should not be viewed as a possession "owned" by one parent or the other. Until there is a court order, the question of which parent has what authority is not specifically answered by the law. The fact that the father is listed on the birth certificate generally answers the question of whether or not he is legally the father, but it doesn't say anything about his specific rights or responsibilities. The answers to everything the parents can't agree upon require that one of the parents begin a paternity case and request the Court to confirm the legal status of the father and to allocate parental responsibilities between the parents based on what is in the child's best interests. That allocation will produce a court ordered parenting plan that defines where the child resides the majority of the time, which parent has what decision- making authority, what kind of parenting time schedule is appropriate to involve both parents in the child's life, and specific child support obligations based upon all the circumstances and each parent's income. The sooner that court action is accomplished, the sooner everyone can concentrate on the best interests of the child rather than their own personal interests.
Answered on Jul 20th, 2011 at 7:53 PM
Patricia C. Van Haren
If no paperwork has been filed with the court, each parent has equal rights to custody of the child. What that means is that either the father or the mother may have custody until such a time that court orders are made. After you file your case with the courts, neither parent may leave the state with the child and the court can set up a parenting plan for custody and visitation. Additionally, until there have been support orders in place, neither parent is required to pay child support.
Answered on Jul 20th, 2011 at 7:53 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Until further order of the court, in Ohio, when mother and father are not married, mother is the residential and custodial parent. Father has no specific rights. Mother may still seek child support. Please see a domestic relations attorney for more information.
Answered on Jul 20th, 2011 at 7:36 PM
Roianne Houlton Conner
If this child was born out of wedlock then the Mother is presumed to have full custody of the child.
Answered on Jul 20th, 2011 at 7:33 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Until the father's rights are established in a court of law, the mother has default custody of the minor child. If the father is refusing to return the child, you may need to hire an attorney to assist you, as the police will not. They will say it's a civil matter and to hire an attorney. You should consult with an attorney in your area as soon as possible.
Answered on Jul 20th, 2011 at 7:20 PM
If the child was born outside of a marriage, the father has no legal rights in Georgia until he obtains a Legitimation Order. If the child was born during a marriage, there is no legal presumption of one parent over another.
Answered on Jul 20th, 2011 at 6:51 PM
Under Arizona statute, if the parents were never married, then the parent with whom the child has lived with for the greater part of the last six months has custody. This is completely separate from the child support obligation. I recommend you speak with an attorney to determine whether it would be appropriate to file a court action to establish orders for custody/parenting time and child support.
Answered on Jul 20th, 2011 at 6:42 PM
Until someone goes to court to establish legal custody and visitation either parent can take the child. The police will not get involved until you have a court order. If he is the father and if his name is on the birth records, then you should agree to paternity and one of you need to retain a lawyer and file the appropriate papers with the court that will establish legal and physical custody over the child.
Answered on Jul 20th, 2011 at 1:54 PM
If nothing filed with the courts, the mother has sole legal authority - custody and placement. The father needs to file a paternity action to establish legal rights.
Answered on Jul 20th, 2011 at 1:39 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The payment of child support is irrelevant other than it suggest who is or is not suitable for parenting. Both the Father and Mother have the same rights and responsibilities for the child until a parentage action is started.
Answered on Jul 20th, 2011 at 1:32 PM
I assume that you and the father were never married. You said that the father's name is on the birth certificate. Did he also sign and file a paternity affidavit? If not, you will need to file a paternity action. Until paternity is established, he is only an alleged father. He has no particular rights to the child, but he also has no obligation to pay support. Once paternity is established, then, the court can enter a parenting plan, defining each of your rights in the child. It can also set child support.
Answered on Jul 20th, 2011 at 1:25 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If it is a child of marriage, both. If not until a court makes a determination mom has sole legal custody.
Answered on Jul 20th, 2011 at 1:03 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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If there is no court order, then neither parent has any specific rights over the other parent as to the child. In order to establish a parenting plan one parent will need to file a parentage action with the court.
Answered on Jul 20th, 2011 at 1:02 PM
Glen Edward Ashman
The father has NO custody or visitation rights unless he legitimizes the child and then is awarded rights. He can and probably should be put in jail for failure to pay support.
Answered on Jul 20th, 2011 at 12:17 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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If he is ordered to pay child support (even if he isn't paying), mother has legal custody. If there is no custody or support order, then both parents have equal legal custody until a court order awarding custody to one parent is entered.
Answered on Jul 20th, 2011 at 11:54 AM