He's 22 years old and she is 19 neither of them have any other kids. What would it take for him to get full custody of the baby?
2007-03-14 12:44:42 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He's 22 years old and she is 19 neither of them have any other kids. What would it take for him to get full custody of the baby?.. She was fired from a daycare about a month ago for hitting one of the kids..
2007-03-14 13:03:40 · update #1
She was fired from a daycare about a month ago for hitting one of the kids..
2007-03-14 13:03:55 · update #2
He might not be able to and it will be a long, expensive, drawn out battle unless she would voluntarily give up custody.
If she has a stable living arrangement, job and ability to take of the child on her own or good support from her family, him getting full custody is highly unlikely.
If she has a criminal history, drug user or history of mental instability, then he might have a case but even then he needs to prove that he is able to provide a stable home home and steady job and able to provide for the child.
The first thing he would need to do once the baby is born is get paternity established and start paying child support to the mother until the custody matter is resolved to establish he has the child's best interest at heart.
2007-03-14 12:51:33 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
It is very difficult to obtain full custody unless the other party agrees to give it or the other party has done something bad enough to make the court take custody away from them. This is because parents have a constitutional right in parenting their biological children.
The best case scenario for all the parties involved, including the child, is that the child have contact with both parents. Maybe your friend and the girl can come to an agreement on custody and visitation that is acceptable to everyone.
2007-03-14 19:51:59 · answer #2 · answered by EthanHunt 3 · 0⤊ 0⤋
A male friend of mine, was in somewhat the same situation. His nine year old son, has lived with him his whole life. The day the baby is born, both parents have equal rights.They were not married but he knew the child was his. He was there when he was born, and stayed with him until he was released from the hospital.When the nurse asked about who the baby was leaving with, my friend said, me, and he left with his son.At this point the mother had to prove him unfit, for the baby to be moved. Not the best way to go maybe, but the bottom line is true. There is one man, one woman, and a child involved. This woman can not/does not have any power over him. Meaning, she can not boss him around, for lack of a better word, and vice verse for him. If he gets the baby in his physical possession,before any custody papers are filed, she will have to prove him unfit, not to mention, she would have to pay for the lawyer to even start the process.
2007-03-15 05:12:54 · answer #3 · answered by fivetwowithnothing2do 2 · 0⤊ 0⤋
If she was a known drug addict and he could prove that she abuses the child, then he could get custody of the baby. Other than that, there really isn't a chance. the best thing he can do is try to be grown up enough to have a relationship with her for the child's sake. Try to work out visiting arrangements with the child, and make sure he pays child support so the child will be well off. This is the best advice I can give based on what I've seen with other people that I know.
2007-03-14 19:50:12 · answer #4 · answered by Anonymous · 2⤊ 0⤋
"Best interest of the child" is a phony statement from the court. You have to understand that the presumption is always that remaining with the mother is in the child's best interest unless you can prove drug addiction. Even neglect and minor abuse is excused. (Trust me, I proved neglect AND she admitted in court to giving the kids alcohol). The childs interest and his rights as a father have nothing to do with how the court decides custody. The court will simply heap fees onto him and he will probably be paying for her attorney. This is done to make him go broke long before the case would ever see a jury. Tell him to save his money.
2007-03-14 19:55:58 · answer #5 · answered by Pooky Bear the Sensitive 5 · 0⤊ 1⤋
The major impediment would be proving that she is an unfit mother. I don't know of any courts that will award custody based on the fact that the parents cannot stand each other anymore.
2007-03-14 19:51:14 · answer #6 · answered by Political Enigma 6 · 1⤊ 0⤋
Based on what you are posting, both parents are irresponsible. I would transfer the baby to a state orphanage hoping that it would be adopted and have a better life than those two losers can provide.
2007-03-14 19:59:27 · answer #7 · answered by Anonymous · 0⤊ 1⤋
It's up to the court, which will decide custody in the best interests of the child.
If his name is not on the birth certificate, then custody would automatically go to the mother until and unless he challenged that in court. If they are not married, then it is very unlikely the court would grant him custody.
2007-03-14 19:50:58 · answer #8 · answered by coragryph 7 · 1⤊ 3⤋
If you are in California NO, he won't get the baby, not unless she gives up all her rights, and even then she could come back later!
2007-03-14 19:51:21 · answer #9 · answered by Anonymous · 1⤊ 0⤋