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if you aren't married do you get custody?

i'm leaving my so who is the father of our son. i wanted to know will i automatically have full custody or do i have to go to court? he doesn't want full custody. he just wants to be able to visit him. also i'm moving out of state do i have the right to take my son out of the state? my so knows this and is ok with me leaving the state.


Asked by Anonymous at 1:48 AM on Jun. 6, 2010 in Relationships

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Answers (6)
  • In most states I found out because I was not married I had full custody but I went to court to seal it. So go to court and get the paperwork. GL Momma

    Answer by pinkdragon36 at 5:21 AM on Jun. 6, 2010

  • you still need to go to court and get it all in writing so no one can go back on what they said. but all you do is call your county cuicut clerk office and explain you need a child custody court date, you dont need a lawyer, then you go. if you both are in agreement it will go fast and smoothly. good luck.

    Answer by Bearsjen at 1:50 AM on Jun. 6, 2010

  • nothing is "automatic" is alot easier if he doesn't want custody. I highly recommend you go and get custody, visitation, support all legally in place though-that way you and your child are taken care of.

    Answer by Anonymous at 2:03 AM on Jun. 6, 2010

  • I agree. I did the "word of mouth" thing with my ex and we avoided a specific court appointed schedule for custody and visitation and all went well for 4 years until his new gf dug her claws in and put stuff in his head against me, and the next thing you know, i'm being taken to court for him to get full custody of my children! I fought back, got a lawyer, and he ended up the loser in the end, but it was the worst year of my life having to go through that fight, not being certain of anything. Once everythings in writing and documented with the court, it is illegal for either one of you to mess with that arrangement. My ex now knows that one false move different from what our court order is could easily allow him to lose any visitation he currently has.

    Answer by Anonymous at 2:20 AM on Jun. 6, 2010

  • Get it all in writing, through the courts, before you do anything so he doesn't come back & try to accuse you of kidnapping.

    Answer by emslala at 5:05 AM on Jun. 6, 2010

  • It's best to draw up a Parenting Plan (child support, visitation, your right to leave the state, etc) then take it to a lawyer or Legal Aid and have them notarize it. It can be that simple unless your state laws say differently. Just call an attorney and ask. CS did the paperwork for my dd and her son's custody.

    Answer by admckenzie at 11:14 AM on Jun. 6, 2010

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