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-   -   She has his last name does this mean equal guardianship (https://www.askmehelpdesk.com/showthread.php?t=165358)

  • Dec 23, 2007, 08:19 PM
    livsmom
    She has his last name does this mean equal guardianship
    I recently left the father of my 15month old daughter he wants equal custody I want full she has his last name but we weren't married, I've been her primary caregiver/stay at home mom since she was born does he have equal guardianship and as much chance of custody as myself?
  • Dec 23, 2007, 08:26 PM
    Fr_Chuck
    While most courts still give women the better of the custody, right now, there is no custody agreement in place and if he is on the birth certificate he as as much right at this point and time as you do.

    So you need to define those rights in court, it is likely he could get joint custody if he wants it.
  • Dec 23, 2007, 09:47 PM
    George_1950
    "Does he have equal guardianship and as much chance of custody as myself?" Get a lawyer. Ask for custody and child support; if he does not know how to bathe and clothe the child, request that he has no overnight visitation until the child is seven years old.
  • Dec 23, 2007, 11:21 PM
    momof3angels
    "while most courts still give women the better of the custody, right now"
    Where I live in Wisconsin this is not true. My x did not come into my daughters life until she was almost 7 months old and he has 50% custody of her and has visitation every weekend, he also has a bad rap sheet with the law. SO as much as I hate to say it he does have as much right to see her as you do. If you want to you'll have to get into the courts and get something legal in regards to when he's allowed to see her and how long and how often. It gets to be very messy and frustrating. Ours took over a year from start to finish.
    Just remember that you are in this for your daughter not to get revenge on him... that's the only thing that got me through my custody battle. I wish you the bet of luck for you and your daughter.
  • Dec 24, 2007, 07:34 AM
    macksmom
    Just because your child has the fathers last name, that does not automatically give him equal custody.
    Custody needs to be determined through the courts.

    While most judges like to see joint custody or shared parenting, they will do what they think is in the best interest of the child.
    Most likely it will be the child residing with you, and the father having visitation rights.
  • Dec 24, 2007, 07:39 AM
    George_1950
    There are judges without a clue, just as there are mechanics who can't fix a car. You ever watch Bill O'Reilly on Fox? He keeps tabs on judges who misplace kids.

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