Iam a mother aged 19 years, can my illigitemate child's father get custody over her?
He didn't show interest in the pregnancy or birth?

Hello Karinvz

I would not get too worried if I were you !

Did you (try to) put him as father on the birth certificate? Did he officially conceded that he is the father?

If unmarried the biological father would have to prove by DNA test that he is the father. But that would also mean that the same court that would decide on the validity of that DNA test could also issue a maintenance order against him.

And than there are also other considerations. Custody is normally only provided to the father if you are clearly not a "good" mother, and/or your child is not taken care of properly, and/or you can not take care of the child and yourself.

:)

PS : I assumed here that you live in the US.

First, where are you located? Second, is the father on the birth certificate? These make very large differences when it comes to laws and what the father would have to do in order to be involved.

The father of the child can't just come and take the child from you. Even if he is on the birth certificate or what state you are in. He has to prove that you are an unfit mother. He does hoave rights however as long as he is paying child supprt.

The father of the child can't just come and take the child from you. Even if he is on the birth certificate or what state you are in. He has to prove that you are an unfit mother. He does hoave rights however as long as he is paying child supprt.



This varies by States - if by having "rights" you mean visitation and/or custody, that is not true. Those are two separate issues - paying support/having visitation. One can stop without the other stopping.

Plenty of fathers lose visitation for one reason or another but the support obligation continues - mothers do not have to "trade" one in order to get the other.

He would have to file for a Order for visitation and/or custody; you would counter for support. Unless you are unfit to the point of putting the child in danger I don't see you losing custody.

And, as Stinawords said, a lot depends on the State.

This varies by States - if by having "rights" you mean visitation and/or custody, that is not true. Those are two separate issues - paying support/having visitation. One can stop without the other stopping.

Plenty of fathers lose visitation for one reason or another but the support obligation continues - mothers do not have to "trade" one in order to get the other.

He would have to file for a Order for visitation and/or custody; you would counter for support. Unless you are unfit to the point of putting the child in danger I don't see you losing custody.

And, as Stinawords said, a lot depends on the State.


I was meaning that if he doesn't pay child support than he may not have any visitation rights. My daughter's father can't see my daughter until he back pays child support for the past three years or at least starts paying on it. That is what the DA told me in California. But, my daughter and I also have restraining orders on him, so that could be part of it too.

I was meaning that if he doesn't pay child support than he may not have any visitation rights. My daughter's father can't see my daughter until he back pays child support for the past three years or at least starts paying on it. That is what the DA told me in California. But, my daughter and I also have restraining orders on him, so that could be part of it too.


Yes, that is it - the two issues are not related. CalifDad will come along - and he knows Calif law - with input, I'm sure.

The DA has nothing to do with support/visitation and should not be giving you legal advice in those areas.