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Custody Queston

My X and I were never married, we have one child together (2year old baby girl) I am wondering... we've split up, who has custody? His name is on her birth certificate, but we were never married, she has my last name....

Im wondering if that makes me the custodial parent?Or both? Thankyou!!

Answer Question

Asked by Sherrae at 7:16 PM on Mar. 14, 2010 in General Parenting

Level 9 (335 Credits)
Answers (9)
  • Whats on the birth certificate really means nothing as far as custody. If she lives with you 51% of the time, you are the primary custodial parent. But unless you go to court to have custody/child support put in writing it's basicaly up to the two of you to decide how to handle the situation.

    So the two of you have to sit down and decide whether you can be civil about it and come to an agreement you both are happy with, or you have to go to court and have the guidelines set for you.

    With my divorce I got sole custody, and visitation is at my disgression....in all honesty I wish my son could see his father more, but he barely comes around....maybe 4-5 times a year.

    Answer by Mom2Jack04 at 7:27 PM on Mar. 14, 2010

  • It makes nobody the custodial parent. You both have rights since both are on the bc but either of you could take off with her and the police can do nothing about it. If you took your daughter and moved to Europe well there is nothing he can do except take you to court once he finds you. However he can do the same. It is best to just go to court and make up a visitation schedule and stick to it. It is even better if your on good terms when making it.

    Answer by babyfat5 at 7:30 PM on Mar. 14, 2010

  • Go get paperwork to show who has custody

    Answer by Anonymous at 7:33 PM on Mar. 14, 2010

  • It varies by state to me honest so you are not entirely right babyfat. Where I live the mother is the custodial parent if the father was never married to her and the child lives with the mother. I went through a horrible situation and my ex actually got in trouble for what he was doing because I was automatically the custodial parent and he was not. But I know this varies by state when i feel it should be one universal law because men try to get away with way too much taking a child sneakily that he barely knows a baby that is breastfed and starving and screaming and scared for his or her own motehr. I think you get the message

    Answer by Anonymous at 7:36 PM on Mar. 14, 2010

  • The mothers are assumed to be the custodial parent. LEGALLY, the mother and father have equal rights to the child, unless you go to court to work out custody arrangements.

    Answer by Anonymous at 7:53 PM on Mar. 14, 2010

  • i would just go and file custody orders immediately. i think it does vary but I think here the mom is assumed custodial if you aren't married and split....i would talk to a lawyer.

    Answer by aly38914290 at 9:11 PM on Mar. 14, 2010

  • The person that she resides with, presumably the mother, is the custodial parent. You both have parental rights. You need to file custody papers asap to protect your rights and establish mutual parenting time.

    Answer by motherofhope98 at 8:10 AM on Mar. 15, 2010

  • Different in each state. Look into it and get something in writing asap.

    Answer by salexander at 11:36 AM on Mar. 15, 2010

  • It don't matter if his name is on the Birth certificate if you have no custody papers in the state of PA your daughter is up for grabs so to speak, Anywhere else i have no clue...My son lives with me his father wants him to remain with me and we have no custody papers...But if you don't trust your ex i wouldn't advise doing that cause like i said she is up for grabs he can take her and not give her back my ex tried to with my son now i am going through the process of a custody battle...Best of luck to you

    Answer by Mom4life1015 at 11:21 PM on Mar. 15, 2010

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