I have never been married to the father of my baby (she is 9months old) and things have been going from bad to worse. He is a heavy drinker, threatens me constantly, has thrown alcohol in my face, has called me every name in the book so I have decided to leave to Texas where all of my family lives. My question is, does a single mother automactically have full custody? Someone told me that and i wasnt sure to believe them.
2006-09-30 13:06:16 · 14 answers · asked by LaBarbie 2 in Family & Relationships ➔ Marriage & Divorce
OleMarbleEyes's you misread, im leaving for Texas. Thats where all my family lives. All his family lives in Illinois.
2006-09-30 13:16:06 · update #1
Custody is decided upon by the courts. Living in different states you will most likely have sole custody b/c there is no way joint custody will work. He will probably however be granted visitation rights unless he hurts or endangers the child. Rule of thumb in divorce and custody, the one who files first generally wins. Keep in mind some states require you to be resident there for so long prior to you being able to file so if you leave the state he might have the upper hand and be able to file before you. I am not sure how Texas works but in Ohio if you move here, you can go ahead and file for temporary custody to tide over till you can file for divorce though and unless he can prove you unfit you would get custody b/c we are talking about an infant.
2006-09-30 13:54:31 · answer #1 · answered by channielynn 3 · 0⤊ 0⤋
It probably varies from state to state.Talk to an attorney. I would get all police records,though, if any. Document everything re: alcohol and abuse in case he decides to go to court for custody.
My neice is a single mother with full custody. The baby never had the father's last name, however. Nor, did the father ever pursue custody. I guess he couldn't afford to pay for the DNA test. He wouldv'e had to pay for a DNA test first to prove the baby was his since she would not have willingly volunteered that info.
2006-09-30 20:17:04 · answer #2 · answered by honiebyrd 4 · 0⤊ 0⤋
In the state of ca you have to file for sole custody or the father has rights also.
You can get him to sign away his parental rights. If he is being abusive document these events legally because he can still get suppervised visits and file for restraining order, even if they dont necessarily work it is legal documentation when you go to court. This is what we had to do for my daughter, when she had hers arrested for spousal abuse she filed custody papers while he was still locked up and he could not appear and lost his visitation rights. She had to keep a mailing address at a storage company(so he didnt know where she lived)so he could send letters to his child. after 5 yrs of no letters she was able to file abandonment papers and her new husband was able to adopt the child. Hope this is helpful
2006-10-01 02:03:31 · answer #3 · answered by Vicki S 1 · 0⤊ 0⤋
No a single mother does not have full custody if he signed the birth certifacate but he can't stop you from moving you can go file for temporary full custody and get a restraining order saying he's a violent drunk who has trown liquor in your face you have to get one for you and your child.
2006-09-30 20:14:31 · answer #4 · answered by Me 2 · 1⤊ 1⤋
If his name is on the birth certificate you are both the parents. Get to Texas apply for welfare (I think you need to be here for 6 months), AG will give you custody and award you child support.
2006-09-30 20:27:43 · answer #5 · answered by Liz 3 · 0⤊ 1⤋
first....congrats on moving forward. You go girl !!
This depends on issues such as "is the father named on the birth certificate" and so on. If your not married, some states had different laws. If he is named as the father then some rules apply, if not then you pretty much have clear sailing.
2006-09-30 20:15:49 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yes. I'm a single mom and I have full custody over my baby. And it also says so in the Family Code. And my baby has my last name.
2006-09-30 20:14:10 · answer #7 · answered by ~Amor~ 3 · 0⤊ 2⤋
My mother was single,and no,she didn't get full custody,but I'm sure if you tell the court the threats,they'll understand.Because who would want a young child around a drunken asswhole?
2006-09-30 20:10:23 · answer #8 · answered by Abby 6 · 1⤊ 1⤋
I don't believe you do, however as the mother you can't be arrested for kidnapping...I am curious why you are leaving the place where all your family lives? It would seem to me that is a good support group.
2006-09-30 20:09:02 · answer #9 · answered by OleMarbleEyes 5 · 0⤊ 1⤋
Yes unless the mother is incapable of taking care of the child such as addiction or mental incapabilities that can endanger the welfare of the child.
2006-09-30 20:11:26 · answer #10 · answered by Cindy R 2 · 0⤊ 1⤋