Q: Do I have sole custody of my son since our paternity case was closed due to inactivity and we were never married?
We had a temporary order put into place for a 2-2-3 schedule. After that was put into place my sons father stopped doing anything with the courts and it was recently closed due to inactivity. On OSCN it says count 1 and party as my name where it shows the judge closed the case. He is the one who petitioned for paternity. No DNA test was taken, but I believe that might be because he signed an acknowledgment of paternity in the hospital. No final custody orders were put into place just the temporary one stating the 2-2-3 schedule.
A: You should consult with a family law attorney. Most will give a free consult and that may be all you need. However, it may require a little more than the consult in order to determine the relevant information in your case. There is a chance you have sole custody for now but that doesn’t mean it is forever because as a father, he has rights as well. If he signed the AOP then his parent-child relationship is established unless challenged in court to change that.
Pete David Louden agrees with this answer
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