My boy friend decided that he wanted things to be the way they used to be...no relationship or responsibilities. What happens if he tries to take my daughter away. Who has "custody" of a child when we never got married. She does have his last name. Please help me find some answers.
2007-01-10 13:42:17 · 6 answers · asked by Kim E 1 in Family & Relationships ➔ Marriage & Divorce
It depends on your state laws. Is his name on her birth certificate? If it is then that means that he has claimed paternity. He has the right to some form of custody but unless you are abusing your daughter then no judge is going to let him take her away from you.
If he doesn't want any responsibility then I doubt he would go to the trouble of filing a custody case. The best thing that you can do in this situation is to work it out between the two of you and then pay the minor fee to have the custody agreement drawn up and filed with the state. That will protect you if he ever decides he wants to change things.
Is he threatening you with this? If he is then i would file for custody now but do remember that your child is the important one here. She deserves to have contact with both of her parents and if the two of you can make an agreement and stick with it that will be the best thing for her.
2007-01-10 14:25:52 · answer #1 · answered by flappymcp 4 · 0⤊ 0⤋
I live in VA. I think the mother always has custody. If he wanted custody, and took you to court to get the child, the only way I believe a man can, is if he can prove the mother as unfit. But contact a lawyer to make sure. I don't think you have anything to worry about.
2007-01-10 13:51:38 · answer #2 · answered by skeeta623 2 · 0⤊ 0⤋
It doesn't matter wheter you got married or not, if she is living with you YOU have physical custody...I suggest you get your butt to a lawyer NOW and have that paperwork drawn up as well as child support papers. If you have nothing legal stating you have physical custody he can take her any time he wants. Last names don't matter, it's what the court papers say and I suggest you get off the computer and start calling lawyers.
2007-01-10 13:49:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If she is with you then you have physical custody but that is just geography. To protect yourself and her I would petition the court where you live and have everything done formal. If your boyfriend doesn't want any realtionship that is his choice but as far as responsibilities go, too late, he has a child.
L.
2007-01-11 03:22:13 · answer #4 · answered by tink3610 3 · 0⤊ 0⤋
Don't worry about it as long as your a good mother there is nothing that he can do. He can't take your child unless he can prove your unfet.
2007-01-10 13:54:25 · answer #5 · answered by B 4 · 0⤊ 0⤋
confident, when you consider which you named him on the beginning certificates he has equivalent rights. in case you have already got a courtroom date, he'd could desire to be particularly stupid to maintain the infant and not return him. and you ought to apply this in courtroom. in all hazard, the choose will order the two a liberal visitation time table for the father or joint custody - till certainly one of you proves the different is an no longer worth parent.
2016-11-28 03:12:01 · answer #6 · answered by heuss 4 · 0⤊ 0⤋