QUESTION
How possible is it to obtain sole custody especially it was agreed upon verbally and the father hasn't seen child in 5 months?
Asked on Oct 23rd, 2012 on Child Custody - Alaska
More details to this question:
Never married to the father. He is on the birth certificate. Of the times, he followed thru on visits, maybe 2 dozen in 15 months. He changes mind frequently about all issues including parental rights, sole custody, visitation and support; and rarely follows through. I have not filed for child support. He has given $1200 up to 5 months ago. I am concerned about child's safety.
7 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
In Ohio, an unmarried mother has custody by law. To change that, the father would have to file for custody, and then you would have a trial on who should have custody.
Answered on Oct 26th, 2012 at 10:59 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
You have to file a paternity action. In it the court will determine his rights and responsibilities. Sole parental responsibility will not be ordered on these facts alone, and shared parental responsibility will be ordered. What you want is to be designated the primary care parent. Get an attorney.
Answered on Oct 25th, 2012 at 8:52 PM
Family Law Attorney serving Atlanta, GA
at
Law Offices of Dana A. Azar
Update Your Profile
It is necessary for a father of a child to file a Petition to Legitimate if the child is born out of wedlock. If he doesn't file the petition, EVEN IF HIS NAME IS ON THE BIRTH CERTIFICATE, he has NO rights to the child.
Answered on Oct 25th, 2012 at 8:41 PM
Right now, because he is on the birth certificate, he technically has all the same parental rights as you do. You will need to seek a court order in order to possibly be awarded sole legal and physical custody and to establish the correct amount of child support.
Answered on Oct 24th, 2012 at 10:02 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
In Colorado , if there has never been a court order declaring the "father" to be the "legal father" and establishing his specific parenting rights and responsibilities, you already have "sole custody" to the extent that the "father" has no rights that you are required to honor. Colorado no longer uses the term "custody" and, instead, focuses on the "allocation of parental responsibilities". Until a court case to do that occurs, you can do whatever you believe is best for the child.
Answered on Oct 24th, 2012 at 5:42 PM
If there has never been a court order stating the two of you have joint custody, it is assumed that we have custody of your child. I do believe that we should file for child support As the child deserves to be financially cared for by the father.
Answered on Oct 24th, 2012 at 5:42 PM
Suzanne H. Lombardi
In Alaska my suggestion would be to hire an attorney to go to court and file the paperwork for you to get sole physical and legal custody of your child. It is always good to have the court order on custody so you have a framework to work from and if the father has no contact with the child it should not be difficult for you to get sole custody. I recommend an attorney but you can certainly use the forms online to do it yourself.
Answered on Oct 24th, 2012 at 5:41 PM