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shyshy01
Mar 25, 2013, 12:18 AM
Do I automatically have sole legal custody of my child if there is no fathers name on her birth certif

shyshy01
Mar 25, 2013, 12:32 AM
I'm dying and there's no fathers name on my 8 yrs daughters birth cerif and I want a good close friend that's been a mother role to my daughter since she was 1 to have custody her when I die . What do we need to make it legal cause my family might fight it .but I DO NOT want any of them to have her.

ScottGem
Mar 25, 2013, 03:15 AM
While the answer is yes, that you currently have sole legal custody. That doesn't mean you can give your child to someone else. By not putting a fathers name on the birth certificate you have made this harder. You will have to go to court to either give custody to or allow the friend to adopt. The court is likely going to require that you identify the father and (at least) try to get the father's agreement.

You can indicate that you want your friend to have custody in your will, but that' is not legally binding.

I suggest you consult a Family Law attorney immediately, to determine what legal options you have.

AK lawyer
Mar 25, 2013, 04:47 AM
... By not putting a fathers name on the birth certificate you have made this harder. ...

Assuming she wasn't married when the child was born, I don't see that she had any choice in the matter.

ScottGem
Mar 25, 2013, 06:46 PM
Assuming she wasn't married when the child was born, I don't see that she had any choice in the matter.

Depends on where.