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    Williamlmc's Avatar
    Williamlmc Posts: 2, Reputation: 1
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    #1

    Sep 20, 2009, 01:19 PM
    Sole Physical Custody
    If the father of my son went to jail before he was born can I ger Sole Physical Custody over him. He is not on my sons birth cerfitcated
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Sep 20, 2009, 01:21 PM

    Is he saying he is going to go for joint custody?
    Being in jail doesn't mean the father does not have rights.
    Williamlmc's Avatar
    Williamlmc Posts: 2, Reputation: 1
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    #3

    Sep 20, 2009, 01:26 PM
    Quote Originally Posted by N0help4u View Post
    Is he saying he is going to go for joint custody?
    Being in jail doesn't mean the father does not have rights.
    No he didn't I haven't said anything to him about it yet, do I have to tell him that I'm fileing for sole physical custody or can I just do it.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    Sep 20, 2009, 01:30 PM

    If he is not on the birth certificate and he is not going to court for his rights then there is nothing to file about. You already have sole custody. You have to wait until he goes through getting a court DNA test and filing to have his name added to the birth certificate and joint custody. THEN you file for sole custody. If he does bother to do that he most likely will get some custody.
    If you are worried about abuse/neglect you can ask for supervised visits.
    Right now there isn't anything you can do since there is no one to file for custody against.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Sep 20, 2009, 01:48 PM
    Quote Originally Posted by Williamlmc View Post
    If the father of my son went to jail before he was born can I ger Sole Physical Custody over him. He is not on my sons birth cerfitcated
    It does not matter whether he is or he is not on your son's BC.
    He was jailed,OK?
    Sole physical custody means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation. Physical custody involves the day-to-day care of a child and establishes where a child will live. A parent with physical custody has the right to have his/her child live with him/her. If a child lives with only one parent, that parent has "sole physical custody" and is said to be the "custodial parent".

    Since he has been jailed,he cannot be PRIMARY day-to-day caretaker.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #6

    Sep 20, 2009, 01:50 PM

    N0help4u is right-he does not have rights until the court says the opposite.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Sep 20, 2009, 03:31 PM

    At this point if he is not on the birth certificate and I will assume has not filed for visits or custody.

    So at this point you have it. The father will have the right to file for visits or custody at some point in the future
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