Single mother

This is a discussion on Single mother within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I have a 9 month old with my ex-boyfriend. We split up and I am wondering if I need to ...

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Old Jan 28th, 2009, 03:59 PM   #1
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Question Single mother

I have a 9 month old with my ex-boyfriend. We split up and I am wondering if I need to go to court to establish custody? He recently took her to his house and then when I went to pick her up he said no so I had to get the police involved.
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Old Jan 28th, 2009, 04:16 PM   #2
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Default Re: Single mother

Is your Ex listed on Birth record as child's Father? If so he has all the same rights as you do. This includes custody! So yes you should go to ocurt get a custody/support order as well as a vistation order. Now if Dad is not listed as child's "legal" Father you need not take child to see this man at all
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Old Jan 28th, 2009, 04:25 PM   #3
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Default Re: Single mother

That was incorrect advice. You already have full custody as you were not married. You cannot file in court for something you already have.

The tricky part here is if you do have to get the police involved. They are hesitant to get involved if there is not a court order telling them to get involved. Even if you have Sole custody.

Sooo....if he does refuse to return the child again, call the police. There is however NO guarantee they will help. If they do not or cannot, you will have to contact an attorney to get an exparte order for an emergency return of your child to your custody....or try to get a different officer involved.

If you feel this is going to be a problem - and he will not comply with the police if they tell him to give the child back - setup supervised visitation NOW until he files for parenting time. Contact your local battered womens shelter and they should be able to point you in the right direction.
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Old Jan 28th, 2009, 04:27 PM   #4
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Default Re: Single mother

The father has NO rights until he files for parenting time (and the judge has ordered parental rights and parenting time to be enstated sp?). Do not however use this as an excuse to refuse parenting time. Just go the supervised route if you feel that will be a safer alternative for you and your child.
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Old Jan 28th, 2009, 05:39 PM   #5
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Default Re: Single mother

Quote:
Originally Posted by sunlover View Post
Is your Ex listed on Birth record as child's Father? If so he has all the same rights as you do. This includes custody!
Wrong, wrong wrong...

Quote:
Originally Posted by Gbyte View Post
That was incorrect advice. You already have full custody as you were not married. You cannot file in court for something you already have.
Right, right, right.
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