Q: Single mother and want to file 100% custody. Father has established paternity but didnt sign birth cert. Can I file?
Father was court mandated to establish paternity but never went back and signed birth certificate. He is not involved in the childs life besides paying child support and calling once every 2 months (which has only been in the last year and the child is 6). In case of something happening to me I want my son to stay with my parents. If I file for 100% custody will that happen?
A: When the parents are not married, the mother has full custody until paternity is confirmed, the father files for parental rights with the juvenile court, and the court grants parental rights to the father by court order, whether or not father signs birth certificate. Child support is separate. Even if father is ordered to pay child support, that does not grant father parental rights. Father must go to court for that. Until then, the mother has 100% custody. Mother can execute a will designating who she would want to be guardian of her child. But that determination is made by the probate court. Father could apply for parental rights and custody at that time. Use the Find a Lawyer tab to retain a local estate planning attorney to prepare a will, and a family law attorney to review the custody situation.
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.
