Q: Can my son's father get custody if I have messages of him telling me to have someone else claim the baby as their own?
My son's biological father sent me texts messages telling me to have my boyfriend claim the baby and raise him as his own because he was with me while I was pregnant. I have other messages of him telling me I'm not going to have his baby and other messages saying he's basically stalking us.
A: It may be difficult for him to obtain physical custody over him; however, in Mississippi, the presumption is that both parents are entitled to joint legal and physical custody over the minor child. That being said, the joint physical custody is not the norm, and instead a court will look at testimony and evidence to determine specific factors regarding custody. That being said, the text messages would be important to overcome his request for physical custody, should he elect to do so. Your best bet would be to consult an attorney so that you can establish paternity, determine custody, and potentially acquire child support.
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.
