Q: Can my ex-boyfriend take me to court and get custody of my son who is not his biologically?
He has been in his life since he was born.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Ohio
- (216) 417-5111
- View Profile
- Answered
A:
There is an extremely rare but may be applicable set of facts where he could get custody. In most situations, he would have to prove that you are an unfit or incapable parent, or voluntarily abandoned your children, in order to get custody. However, there is a limited exception, usually present in same-sex couples who have adopted, where if you voluntarily entered into a shared parenting agreement with someone, that they can have custodial rights.
The short version is that it is a low likelihood, but possible.
A: I agree with the prior answer. If unmarried, the child's mother has sole legal custody until the father goes to court and the court grants him parental rights. The judge decides what sort of parenting arrangement is in the best interest of the child based on all the facts provided as evidence to the court. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts of the situation, answer your questions, and reduce your worries.
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.
