do you have to get legal custody papers on a child if you are not married?

Question

professional answers only.

Answer 1

allot depends on what state you are in. It would be a wise thing to do if the father of a child is listed on his birth certificate and if the father is paying child support also even tho you were never married. It protects you and your child by having custody papers drawn up but depending on the state law is not necessary

Answer 2

I would, and immediately.

I had a daughter with a man in California. We lived together until she was 3, then separated. It was all very civil. He volunteered child support, and I allowed him to see her whenever he wanted.

By the time she was 7, I had married someone else, and we wanted to move from California to Kansas. He filed for custody, and won. The deciding factors were 1) I'd let him see her as often as he asked, 2) He'd voluntarily paid child support for 4 years without a court order, 3) He had family in the area for support, and I didn't have any where I was moving to, and 4) I was not moving because I already had a job lined up, I was moving because I felt Kansas City was a better environment to raise my children.

She lived with him until she was 12 before he realized she belonged with me. Now she's almost 18. He still has legal custody, and if he wanted to get nasty, or stupid, he could probably take her back.

So, basically, I was penalized for NOT being a *****. If I had to do it all over again, I would find an attorney immediately, and get those custody papers filled as quickly as possible. I would establish definate visitation schedules, and ask for as much child support as you possibly can get.

Answer 3

legal custody or physical custody, it doesn't matter on what your maritual status are. The most thing that matter in legal custody is the best interest of the child. The father or the mother may have custody or share custody if both parties involves reaches compromise in the upraising of the child. If one parent is not fit, the other get the legal custody and thats when child support play a big role to support the custodian parent. However if a child is not yours or you are somehow related to a child like brother/sister/cousin and you are in a legal age to act as a parent of child and the court is convinced that you are capable to support the child, yes, you will get the custody of the child.

Answer 4

Not quite sure I understand your question,but the custody belongs to the birth mother legally regardless. All the father can do is contest any support via a paternal test to show he is not the biological father. Now if the mother is in trouble with law or has a drug addiction,the father can try for legal custody in court provided he can prove the mother is unfit to have custody. Hope this helps and Happy Holidays. Also any more questions I can be reached at [e-mail]

Answer 5

Yes. If the two of you are the parents (Not step parents) of the child, Legal custody does have to be established through a court of Law. While it would be nice to have a civil agreement, it is not viable due to potential for future conflict. Establishing a set costody is always in the best interest of the child due to the need for stablity and some level of normalcy the child can adapt to.

Answer 6

if d child is below 7 yrs old it is must be normally in the custody of the mother, no legal custody papers is necessary except when your husband finds you incompetent to take care of your child, he may ask the court that the custody be transferred to him. And it is now for you to contradicts allegation. The judge will decide as to whom is deem fit to take care of your child.

Answer 7

you do not if you two are living together. you will need to if you two decide to go separate ways. my honey and i were not married when we split up and the judge granted me sole custody of our child. we are now back together and the child support has been dropped but I still have sole custody of her.

Answer 8

To play it safe for the child, yes. You want to be responsible in this matter.