If I was never married to the father and i am 18 he is 16 who has custody of our daughter.. oh and we are no longer together... but he says that he has custody but she lives with me...
2006-07-11 17:00:53 · 19 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Until the court says that the father has custody of a child born to an unwed mother, the mother has full custody of the child. The father also has no legal right to visitation until the court says he has visitation. There is no child support due, however, until the court issues an order for child support.
2006-07-11 17:07:32 · answer #1 · answered by Mama Pastafarian 7 · 1⤊ 0⤋
If no court has decided, then no one legally has custody. If you have physical custody of your daughter...then it's as simple as that...you have custody. There is a difference between legal and physical custody. Legal custody is where the parent has the right to be involved in making decisions about the child's life such as which doctor, which school, etc. Physical custody is where the child lives. The fact that you were never married probably won't carry much weight...except for the fact that he is only 16....he is still a minor, so I doubt he would be able to take physical custsody. Courts are very reluctant to take a child away from her mother...you have to be pretty screwed up to have that happen. Hopefully, you can agree not to fight for your daughters sake...and just make sure she's happy and well cared for. Good luck....hope it all works out for you.
2006-07-12 00:31:36 · answer #2 · answered by loubean 5 · 0⤊ 0⤋
Neither of you have legal custody at the moment. BUT as your daughter is living with you, YOU are recognised as the caregiver. I would severely recommend going for custody of this child. Firstly because if and when he ever has access to her he can take off with her and there is nothing you can legally do about it. He can say that you are an unfit mother etc etc.
But dont stress - you are the mother and in that YOU have a lot more power than the father at the moment. Not to mention he is only 16yrs and I cant imagine access ever would or could be given to a 16year old boy!!!
You must go see some form of legal aid for advice first. Your mind will be put at ease and you will then recognise what you really need to do. Act on this before it is too late. Please!
2006-07-12 00:10:39 · answer #3 · answered by Pooroldpossum 3 · 0⤊ 0⤋
Technically - both do (joint/legal custody). However as you are the adult, the government may look upon you as the primary caretaker. You may want to go to court, file for custody, and potentially child support (as he is of age to work and will be an adult soon). Stating the reasons you've stated that the father is a minor and would be irresponsible and you are an adult - and would be more responsible as evident that the child lives with you. There are tons of free services from the local bar associations that help in child custody matters. dependent on where you live there should be a legal aide type program in your area. You may want to check out abanet.org for resources. Oh, the good thing about him saying that he has custody - is that he is admitting that he is the father of the child and he would also be liable for support. Its best to get legal support via legal aide or something
2006-07-12 00:10:30 · answer #4 · answered by dotobjects 3 · 0⤊ 0⤋
he DOES NOT have custody until he is proven in the courts through a paternity test that he is in fact the father. It does not even matter that he signed a birth certificate.
Your do have a problem with your age though. You can be arrested for rape.
File through the courts for paternity , support, custody and visitation. He most likely will get supervised visitation every other weekend. If he tries to take your child before any court orders, call the police.
2006-07-12 00:03:14 · answer #5 · answered by Genivieve G 3 · 0⤊ 0⤋
Well have you been to court over this
does he give you money to support the child
is he named as the father on the birth cert
and I am not sure about the USA laws but what I do know that he would be considered a Minor,and there for in court he would not be given custody till he reached 18.I surgest you see a lawyer
2006-07-12 00:11:46 · answer #6 · answered by Along road to hoe 2 · 0⤊ 0⤋
If she lives with you then you have physicall custoday what you need to do is make a appointment at your local child support services and they will guide you
Here is what I found in the ACF handbook (page 23 of 93)
My boyfriend and I are still in high school, and our baby is 6
months old. Why should legal paternity be established if the father
has no money to support the child?
When the father gets older and starts working, he will be able to
support the child. Having paternity established legally, even if the
order for support is minimal or delayed, means collecting child
support will be easier later. Aside from establishing a financial
commitment from the father, establishing paternity fosters a
personal relationship between the father and child.
Some states have laws enforcing child support obligations with
respect to minor parents. If a custodial parent is receiving TANF
assistance, the parents of the noncustodial minor parent may be
responsible for paying child support. Check with your CSE agency to
see if your state enforces "grandparent liability."
http://www.acf.hhs.gov/programs/cse/pubs/2005/handbook_on_cse.pdf
2006-07-12 00:11:02 · answer #7 · answered by twistedsingle 4 · 0⤊ 0⤋
You should go see a lawyer but I find it hard to believe, barring some type of abuse, that any court would grant custody of a child to a 16 year old boy
2006-07-12 00:12:59 · answer #8 · answered by ndmagicman 7 · 0⤊ 0⤋
if his name on birth certificate, then either parent can take the child at any time till court determines custody or placement. And I agree with one of the other answers about the age thing. Statatory rape could be an issue here, depending on your state laws.
2006-07-12 08:16:51 · answer #9 · answered by Molly 6 · 0⤊ 0⤋
You have custody!!! He can go prove paternity, but most judges will not allow him to have custody. He is entitled to visitation and he will eventually have to pay child support. You need to talk to a lawyer. You gave birth to the child and who is on her birth certificate as parents??? If you did not place his name as father then he will have to do paternity test. And if you did not place his name as father on birth certificate and you want to get child support later then you will have to prove he is father to receive any benefits.
2006-07-12 00:11:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋