Q: Child custody & unmarried parental rights
My 12 year old sons father & I have never been married & never been to court to establish anything. I have been solely responsible for my son with no help from his father. We lived together for a few years & even then, I paid all bills & expenses. I have claimed my son every year on my income tax return since he was born. His father does not live here anymore. A few days ago, he came into to my house, made our son get up out of bed by spanking him with a belt & dragged him out of my home. Does he have legal right to take our son without asking my permission. I know its illegal for him to enter my home.
A: Unless there are court orders saying he is the father, or a properly executed and filed acknowledgement of paternity stating he is the father, he has no parental rights and would not have a legal right to take his child without permission of the mother.
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.
