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-   -   How to get Soul Custody (https://www.askmehelpdesk.com/showthread.php?t=230757)

  • Jun 25, 2008, 04:01 PM
    admom
    Custody of child
    I am a teenage mother and I have a 9month old daughter. Her fathers name is not on the birth certificate and she has my last name.I am wanting to get Soul Custody of her. Her father has nothing todo with her and never really has.He is the only person I have been with so he is the dad and he knows that. so How do I go about getting custody of her so he can't come back in about five years and ask to have custody or something to do with her then when she is half:confused grown and happy?:confused:

    I was 16 when I had my daughter and her dad was 18. My name is the only one on the birth certificate. Since he is not paying or even seeing her. In the state of Oklahoma does he have any rights over her or can he get any? :(
  • Jun 25, 2008, 04:31 PM
    stinawords
    Because he is not on the birth certificat he has no legal rights to her. There really is no way of peventing him from wanting those rights in a couple years though. What you can do is go to court and petition the judge to order a DNA test. Once the test comes back positive that your boyfriend is the father (even if you know a court ordered DNA test is a must) then the judge will order child support and visitation.
  • Jun 25, 2008, 04:32 PM
    stinawords
    Please refer to the other post for answers and if you have more questions or comments just continue on the original post.
  • Jun 25, 2008, 04:42 PM
    Credendovidis
    Well... "soul" custody you will never get !
    The mind is free for all.

    But if you mean "sole" custody...
    At the moment you have full and sole custody. The child has your name , and if I understand you correctly the father never - at least so far - signed paternity papers. So I also assume that he does not pay anything for the cost of upbringing of the child.

    If the father would want custody he first has to get evidence that he is the father by an DNA test on himself and the child. He has to go to Court to force such tests through if you do not agree with that test. The Court will than decide if he is the father, and if so he will get visiting rights if he so wants.
    Custody is another matter : that is subject to him being declared by the Court as the father, subject to him having shown responsibility for the upbringing of his child by paying monthly fees in the past, and by fees that the Court will him order to pay.

    At least, the above is the normal way we do such things here in Europe.
    There may be slightly different rules for that in the US, if you live there.

    I would not worry too much about it, as the father showed no interest at all for the child so far.

    Good luck to you and your daughter !

    :)
  • Jun 25, 2008, 04:50 PM
    Fr_Chuck
    Yes I do have to agree Credendovidis, when I saw the title, started to move it to religion for their "soul"

    But there is nothing you can do right now to stop him from doing something in 5 years. You already have sole custody right now, but the father always has a right to go for visiation with his child.
    You have the right to get a court ordered custody showing him as the father and allowing him certain visitation and asking for child support, but he has less right and ability now than he does after you prove he is the father to get a court order
  • Jun 25, 2008, 04:56 PM
    Fr_Chuck
    Yes, he can always go and take you to court and prove he is the father though DNA and ask for visitation.

    You should take him to court and get a order for child support from him.

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