We were never married. His name is on the birth certificate. We have an informal agreement where we see her equal amounts. Do I need to a more formal agreement before she starts school? Does it even matter if we establish custody? Aubrey is 2, so does that mean the mother automatically has custody if the child was born out of wedlock?
2006-07-24 14:27:31 · 8 answers · asked by mll804 2 in Family & Relationships ➔ Family
Unless there is a parent/child custody order that says otherwise then I believe that the mother has full custody. The father can file for custody and be granted joint custody, but if it has not been filed for and granted then the mother has primary and custodial custody of the child.
Anytime you have a child and the parents are not together then you need a court order determining custody and visitation. Otherwise things can get sticky even if you don't intend for them to.
Child support orders need to be established, visitation needs to be established. And this is done for the protection of the child.
2006-07-24 14:41:18 · answer #1 · answered by ETxYellowRose 5 · 0⤊ 0⤋
It sounds like you are on pretty good terms with your daughter's dad, so a more formal agreement is really up to the two of you.
You don't have to have a legal agreement, but if you are concerned about his future girlfriends or custody, it may be wise to draw up some sort of custody agreement and have the both of you sign it.
Look into family law in your state and see what is required for a formal custody agreement.
If he is paying child support, there is usually some sort of custody established. That might be something to look into for Aubrey down the road, as well.
I will say from experience, though, that this can get 'sticky' once you start looking into legalizing. He may start feeling like you don't trust him to provide for his daughter, but you really just need to insure her future.
2006-07-24 21:39:08 · answer #2 · answered by ? 2 · 0⤊ 0⤋
Yes, the mother has full legal custody even if his name is on her birth certificate. He has no legal rights to the child without petitioning the court for legitimation and visitation. My ex and I were never married, he signed her birth certificate and after years of arguing and him being a drunk, I left him because it wasnt in my daughters best interest. Well, 6 months later he hired an attorney and we went through a huge legal fight. In the end....he lost and got no parental rights established because the judge determined it was not in her best interest. It cost us 3000.00 but I would pay a million if I had to. If you chose to stop letting him see the child today...there would be nothing he could do without intervention from the court.....Im VERY familiar with this type of case since I just went through the same thing!!!
2006-07-24 21:41:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would get something established. Technically, the mother automatically has primary custody but if the father should try and keep Aubrey from you, there is nothing that the authorities can do to help you get her back.
2006-07-24 21:34:06 · answer #4 · answered by Jo 2 · 0⤊ 0⤋
You can never be sure when your now amicable relationship with your baby's daddy will change. To be on the safe side, it would be worth speaking with an attorney to ensure that you're not in for heartache down the road. In addition to financial support for your child.
2006-07-24 21:47:16 · answer #5 · answered by iyamacog 7 · 0⤊ 0⤋
I know that in Minnesota thats the rule...not sure where you are or what your state says is the law, call a family practice lawyer and ask.
2006-07-24 21:32:33 · answer #6 · answered by ? 6 · 0⤊ 0⤋
no it does not. get a custody order through the courts
2006-07-24 21:32:50 · answer #7 · answered by bobby h 4 · 0⤊ 0⤋
I had to go to court to have it properly done that I was her primary caregiver. He was given joint only for these reasons......school, religion, medical, etc.
Thats the route I would go.
2006-07-24 21:37:18 · answer #8 · answered by jennbabe 2 · 0⤊ 0⤋