Ask Experts Questions for FREE Help !
Ask
    shyshy01's Avatar
    shyshy01 Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 25, 2013, 12:18 AM
    Do I automatically have sole legal custody of my child if there is no fathers name o
    Do I automatically have sole legal custody of my child if there is no fathers name on her birth certif
    shyshy01's Avatar
    shyshy01 Posts: 2, Reputation: 1
    New Member
     
    #2

    Mar 25, 2013, 12:32 AM
    Children
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #4

    Mar 25, 2013, 04:47 AM
    Quote Originally Posted by ScottGem View Post
    ... 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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Mar 25, 2013, 06:46 PM
    Quote Originally Posted by AK lawyer View Post
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How do I get sole legal custody of my child? [ 2 Answers ]

I need to obtain sole legal custody of my daughter in order to get her passport renewed as my ex-husband lives in England and is too sick to be able to do the required documentation. He will not challenge the process but I need to know where to start.

Sole legal and sole physical custody rights? [ 8 Answers ]

I was granted sole legal and sole physical custody over my son and my ex husband was granted reasonable and seasonable visitation... what exactly does that mean? There is no actual written visitation schedule in our paperwork. I have followed the norm of every other weekend with some holidays,...

Sole legal custody and primary physical custody? [ 9 Answers ]

My daughter has sole legal custody and primary physical custody of her son in the state of Az. And that is exactly how it is stated in the divorce decree. Does she need permission from the father to travel out of the country on vacation or does she just need to tell him?

Moving out of state with sole legal and sole physical custody (California) [ 3 Answers ]

I am currently residing in California and currently have sole legal and physical custody of my ex's and I's 2 children. He, unfortunately, and not to bash, is a very bad alcoholic and even going to court this month for drunk in public and disorderly conduct (again). My current husband and I are...

Additional Child Support to the Parent with Sole Legal Custody [ 2 Answers ]

Based on the settlement agreement, each party agrees to pay equal share of private school tuition fees and extracurricular activity expenses. Does the parent with the sole legal custody has the full authority to decide on what school and activities are chosen without consulting the other parent?


View more questions Search