Never Married Mother Wanting To Get Sole Custody Papers

This is a discussion on Never Married Mother Wanting To Get Sole Custody Papers within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am a mother of a 2 month old boy. I and the father never married but his name IS ...

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Old Apr 14th, 2012, 03:05 PM   #1
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Default Never Married Mother Wanting To Get Sole Custody Papers

I am a mother of a 2 month old boy. I and the father never married but his name IS on the birth certificate. I want to know if its possible and (how to do so if it is) file papers stating that i as the mother have sole and complete custody of my son.
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Old Apr 14th, 2012, 03:54 PM   #2
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Default Re: Never Married Mother Wanting To Get Sole Custody Papers

I wish to inform you that mother can have sole custody through court order. In this regard court is concerned with best interest of child as main consideration. You may argue that child being of tender age require utmost care from mother thus you should be provided with sole custody.

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Old Apr 14th, 2012, 04:00 PM   #3
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Default Re: Never Married Mother Wanting To Get Sole Custody Papers

Is there a way to fill out papers online and have them printed or must i go to the court and do it there?
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Old Apr 14th, 2012, 08:02 PM   #4
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Default Re: Never Married Mother Wanting To Get Sole Custody Papers

Again, ignore Affa! As an unmarried mother you have sole legal and physical custody until dad gets a court order granting visitation/custody.
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Old Apr 15th, 2012, 07:13 AM   #5
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Default Re: Never Married Mother Wanting To Get Sole Custody Papers

Quote:
Originally Posted by Gimpy0212 View Post
I am a mother of a 2 month old boy. I and the father never married but his name IS on the birth certificate. I want to know if its possible and (how to do so if it is) file papers stating that i as the mother have sole and complete custody of my son.
You need to file a petition for custody and support with the superior court, family law department, where you reside. The father's name on the birth certificate is not conclusive as to parentage so the court will require he submit to DNA testing to prove he is the father.

Joint custody, joint parenting is preferred, with residency with the mother at this tender age. The law encourages both parents to participate in the upbringing of their child. Only you know the facts of your relationship and situation, so file for determination of paternity, sole custody, support and visitation for the father.

As a practical matter, however, the more the father feels he has a role in parenting his child, the more involved he is, the more likely he will be to want to support his child. After all, the child carries his genes, too. The child is his contribution to posterity.

Each state has recommended visitation guidelines which you should be able to get from the court, family law department if not from the civil clerk. Use this as your guide. It is always best to be represented by counsel in family law matters, so if you have a family law attorney advise and file for you, your concerns will be taken care of.
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Old Apr 15th, 2012, 02:32 PM   #6
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Default Re: Never Married Mother Wanting To Get Sole Custody Papers

Talk about an unresponsive answer. Friend you are wrong, wrong, WRONG!!

OP dads name on the birth certificate makes him dad, that's it. NO DNA NEEDED!

YOU don't need to file anything, you have sole legal and physical custody. DAD has to petition the court if HE wants parenting time. Being on the birth certificate does not bestow any rights.
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