If i a couple outside of marriage have a child together and then break up, who would get custody? Laws?

Question

Father has never had anything to do with the child. She is almost 1 now and me and the father have not been "dating" the entire time. I've had a restraining order against him this whole time as well. Since we weren't married does he have any rights at all? I'm just curious as to what the laws are. Every lawyer i've tried to contact avoids giving me any answers. So i turn to you.....

I have not yet been to court concerning custody. I don't know his social security number and apparently no one will even talk to me if i don't know that. He won't give it to me either. But under the terms of the restraining order he could contact me if he wanted to check up on her. He called only a few times, and that was only to verbally harass me, not to check up on the child.

oh and his name is unfortunately on the birth certificate. But no i don't want anything to do with him. i have not asked for child support and he has not offered. Another question: if he gets partial custody, would he be required to pay back child support?

Answer 1

Laws vary by state but....

What does it say in the Father field on the birth certificate?
If his name is there then he has rights.

Was paternity established?
If it was then you and he both have to follow the court's ruling on support and visitation.

Are neither of the above true?
He can sue for rights but does not currently have any until established by law.

Is his name on the birth certificate but paternity was not established?
He has rights but... try another lawyer ( sorry, look for a family law or divorce), get a free consult. Ask what his rights are in your state. It might be that his rights are he can take you to court to get visitation.

Answer 2

He has the same rights as any other father. Unless he gives them up willingly, only a court can terminate those rights. With a restraining order in place, it would be hard for him to do anything with the child since the restraining order usually covers the mother and child. Not saying he would even without the restraining order, but you never know. The only way to settle it legally would be to hire a lawyer and set up a court date to work out the details. Lawyers generally don't like to give free legal advice, but if you have money and pay them they will give you all the answers you want. Sorry, but that is they way they are.

Answer 3

He has the same parental rights and responsibilities as if you had been married.

In "most" cases the courts will award primary, or physical, custody of such a young child to the mother, but unless there's a reason not to, legal custody would be joint.

Of course, that also means that he has the same responsibility to provide child support as he would of if you were married, too.

Have you yet been to court to get an order of custody and child support entered? If not, you cannot legally enforce any child support deal you made privately between the two of you if he stops paying.

Richard

Answer 4

Of course he has rights, he is after all the father. Legally he could get custody. However, it does not sound likely if he has been out of the child's life.

You need to get a parenting plan filed with the court. You need to get child support ordered. You need to hire one of the lawyers that won't explain a complex issue in 1 minute.

Answer 5

each parent has US Constitutional rights to the care custody and control of the child. if one parent neglects, abandons or abuses the child, then a Court can terminate the other's parental rights. otherwise, both parents have these rights. i would get a lawyer to terminate his rights by abandonment (or perhaps abuse depending on why you have a restraining order against him). if you don't he can always come back into the child's life prior to her reaching age of majority
i am assuming from your ques that you do not want anything to do with this person. if you ask for child support, you are not asking for termination of parental rights.