I have a two-year-old son who is literitly my heart and since the day he was born I have never been away from him more than a day. Now all of a sudden the two x-men in my life that could be his father want custody. As far as I'm concerned neither one of them deserve the privilege to meet my son let alone share custody of him with me. I want to try to get legal custody without having them aware of it but every form I get wants me to name the father or "the Respondent" is there any way to gain custody of my son avoiding that part? Please help!!
-- A desperate Mother
2007-03-02 12:20:40 · 9 answers · asked by sleepingangel1917 1 in Politics & Government ➔ Law & Ethics
Whose name is on your son's birth cirtificate? You have custody of your son already and anybody who wants to share in that has to prove they have a right. If no name is on your son's BC than they will have to get a lawyer and get a DNA test done and then procede on to a custody hearing. If you placed a name on it than that man still has to get a lawyer and go to court. Don't allow them to visit your son or see him at all. If you can move to another state than I would it will only make it harder for them. Get a lawyer.
2007-03-02 12:27:58 · answer #1 · answered by Petra 5 · 3⤊ 1⤋
You should have thought of that before you made one of them the father of your child. They, whichever one, has just as much right as you do to the child. They each will petition the court which will name you the defendant and will order you to take a DNA test. Just naming a father at this point will not be sufficient. Once the DNA test is complete the lucky Dad will sue the pants off of you for custody. You and he will duke it out in court. I advise you to get a lawyer and prepare yourself. Because the child is of "tender age" you will more than likely get custody unless the father is just super great and much more capable that you. He will get, if he loses, liberal visitation of which you will be happy to accommodate him. Be a little more careful next time. By the way it is not a privilege it is a right. A father's right.
Almost forgot. You can look on the bright side. You will be getting about 28% of everything this guy makes, if you win. Unfortunately it works both ways, if you lose you pay him 28%. Percentage varies from state to state.
2007-03-02 20:27:57 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Ok, your situation isn't obtaining custody, it's keeping it. The two men bare the burden of proving they have rights to the child. If one is able to, then they'll have to sue for custody or visitation and the you'll have present your case as to why you should continue to have full custody and/or deny visitation. You'll need to show the court how you're providing your son with a loving, nurturing and safe home and the courts most likely won't dislodge a toddler from the only home they've ever known. You may have to deal with visitation though.
2007-03-02 20:51:40 · answer #3 · answered by Χαλαρά 7 · 2⤊ 0⤋
There is no way to get full custody of your son, without the father's permission. Also, if you don't know which one is the father they can both come after you and by law require a paternity test. Most courts systems now days are starting to go for the childrens rights, and they believe that in the end it is the childs choice and until that child is old enough to choose they will more than likely have to see their father, whom ever it may be. I doubt that they will give the father full custody but if you runaway you may jeprodize loosing your son all together. Sounds like the father may end up being in your sons life.
2007-03-02 20:27:58 · answer #4 · answered by Athena 2 · 2⤊ 2⤋
The father of the child has the same rights as a parent as you do. The only thing that could solve this would be DNA testing to determine which of the 2 men is the father.
Once the father has been determined, then you and he can determine custody, child support, visitation, etc. If the two of you can't work it out, the courts can.
This is not just your baby - it also has a father - and that father has rights.
There are no legal acceptions to this. You must name the father if you are seeking sole custody.
2007-03-02 20:26:06 · answer #5 · answered by Anonymous · 1⤊ 3⤋
respondent is unknown. if they wish to take a blood test to prove the child is theirs they then will be subjected to mental stability but if you choose you can be present all the time during the visits. that is if one is the father,
only one could be the father its a test expensive but the best information that is guaranteed if any is the father they are subject of back child care that could amount into the 10's of thousands all repayable. if they are the father you may be Wise to get your D@A checked to prove you are the mother at that point no one will ever challenge your motherhood. choices are expensive but will be the l;ast you may see of either Man.
2007-03-02 20:31:11 · answer #6 · answered by t-bone 5 · 2⤊ 1⤋
you have custody of him now. he was born to you, your name is on his b-certificate you took him home from the hospital he is your blood. you don't need to file any papers, only to respond to theirs. if there is no dad named on the b-certificate then it is their job to establish themselves as the father. they will have to pay for the court case lawyers and blood tests. if you named a man on the b-certificate then you have more problems and more costs. they may be bluffing or fall short of $ so only worry about it when you receive papers in the mail.
2007-03-02 20:24:36 · answer #7 · answered by Anonymous · 5⤊ 0⤋
I would call your local District Court and ask them these questions. They're the experts, and I wouldn't want to steer you wrong.
2007-03-02 20:24:42 · answer #8 · answered by Bud's Girl 6 · 0⤊ 0⤋
the only way you can do this is to be independent. If you are collecting money from the government you will need to provide a name so they can get you off their roles and on to the fathers. If you are independent, just walk away.
2007-03-02 20:26:45 · answer #9 · answered by Anonymous · 0⤊ 3⤋