Q: If the father isn't on the birth certificate, do I already have sole custody? Do I need to file for it? How do I file?
I know who the father is but he won't comply with child support and I need to apply for custody of both of our kids. He is only on 1 birth certificate. I need to know how I do that. I have custody forms but it asks for paternity. We were never married.
A: Go to the child support division of your local district Attorney's office and apply for assistance with child support. They will take care of both child support and proving paternity. Once paternity is established you can use the court forms to apply for custody. Just be aware that the court can also award the father parenting time if he asks for that. If child support has already been ordered then there must have been an order establishing Paternity already. You can always hire an Attorney to help you sort this out.
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