Q: Can an unwed father win custody over that baby's mother
My sons father and I were never married and he lives in a different state. My induction was scheduled 2 weeks ahead of time but he still didnt make it to the birth and is not on the birth certificate. I have an open door policy with him to visit but hes only been 3 times in almost 3 months. He filed for paternity recently because I stopped replying to his text unless he was asking about the baby, otherwise all he wanted to do was argue or harass me. Can he file for custody and get physical custody over me?
A: He has rights to time sharing with the child. Also, the child is entitled to child support. If he filed a paternity action, you need to respond. The court will ultimately enter a parenting plan and will set child support. It is recommended that you hire an attorney. Depending on both parties' income, he may have to pay all or part of your legal fees.
A: He can, of course, ask for custody of or visitation with the baby. In my opinion, he doesn't have a chance of getting custody over you; assuming you are a minor, and depending on his age, he might instead be subject to criminal prosecution.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
