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How would I go about getting custody?

The father of my son hasn't been proven to be the father yet but I want to get something in writing saying I'm the full legal guardian of him so he can't come take him away any tips?


Asked by Anonymous at 11:45 PM on Apr. 17, 2011 in General Parenting

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Answers (14)
  • If no one is on the birth certificate there's no need to get custody. Why would you get a DNA test done? Do you need the child support that badly? If paternity is established he will have every right to see his child and can file for custody and will probably get visitation. Why not forget about the man (sounds like he's no interested in being a father) and raise your child yourself. You won't have to worry about custody then.

    Answer by Annabel1809Lee at 8:00 AM on Apr. 18, 2011

  • You have custody until there is a Court Order stating otherwise, as there is no father listed and no Court Order for custody/visitation.

    Answer by laird6372 at 8:59 AM on Apr. 18, 2011

  • Is he on the birth certificate? Were you married? If no, you have full legal rights already.

    Answer by Anonymous at 11:46 PM on Apr. 17, 2011

  • he's not on the birth certificate and we were not married. my family and I just think it would be best if I had something legally wrote out saying that and I also want a will in case something happens to me.

    Comment by Anonymous (original poster) at 11:50 PM on Apr. 17, 2011

  • Get a DNA test done.

    Answer by Glo402813 at 12:04 AM on Apr. 18, 2011

  • he has to come back into the country first.

    Comment by Anonymous (original poster) at 12:18 AM on Apr. 18, 2011

  • Actually, if he believes he's the father, and goes to court and can prove it, he will be able to get joint custody unless you can prove he''s unfit. Even if you don't put him on the birth certificate, he can petition the court for a DNA test to prove that it's his baby.

    If he fights, it's difficult to keep the biological father out of the picture.

    Answer by ohwrite at 12:34 AM on Apr. 18, 2011

  • he doesn't think he is the father that's why I already have a DNA test established he just has come back into country to take his part of the test so i can prove to his sorry butt that he is the father. that's why i want to get custody of my son now before he is proven to be the father because when he finds out he is the father and has to start paying child support i want to be able to say when he can see my son because he knows nothing about him, has never seen him a day in his life, and told his family my son was dead.

    Comment by Anonymous (original poster) at 12:42 AM on Apr. 18, 2011

  • is he military and that's why hes out of country or is he just out of the country b/c he is from another country? I think if you just left if alone and not brought it up to him or his family members then he will stay out of yalls lives. IF you go down the route for turning in the DNA test and getting courts involved esp with child support the father will have supervised visitation that leads up to over nights. Best bet is just leave him alone no name on BC then he has no rights and if he wants to push them he will have to pay all the back child support as well. Good luck

    Answer by acastle2 at 1:40 AM on Apr. 18, 2011

  • That's right, you have custody until there is a Court Order stating can't go to court in advance to keep him from getting custody without his knowledge. If you don't have him on the birth certificate, he would have to go to court to get joint custody and visitation.

    Why do you not want him to have visitation? Why do you think he could take the baby away? Keep in mind, that if he does go to court (which can be very expensive) the judge is likely to take into consideration what you have done to prevent him from seeing his child. You will look like the kind of person that you believe he is. I would consider talking to a lawyer to get some good advice.

    Answer by ohwrite at 10:37 AM on Apr. 18, 2011

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