Q: Can I get sole custody if father abandoned us when he found out I was pregnant?

A: I see no problem for requesting sole custody, but you may have to serve the father with copies of the custody motion, even if you do so via publication. If he's not already on the birth certificate, he'll need to file a paternity motion to do so. It's up to him as to whether he wants to be involved in the child's life. You may also want child support, and for that you'd have to establish paternity. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

A: If the father is missing in action, the likelihood of obtaining sole legal and physical custody is strong. There will be a process in order to serve him with a case and you may ultimately need to publish for service of process. The father can decide whether he wants to participate in the child's life, and he can respond to your paperwork or ultimately file a request with the court at some time in the future. If significant time elapses, his case becomes more difficult and there would be steps he would have to go through in a reunification process. He can also make a request to add himself to the birth certificate. If you file for child support, he may request custody and visitation rights as is the case in many circumstances in an effort to lower his child support obligations by obtaining time with the child.