My baby's daddy just recently went to jail for drugs I want full custody of our unborn child but I am not sure how to go about it

What custdy has been awarded to him by the courts?

If the child is unborn, there is little you can do now. When the child is born you go to Family Court and petition for Full legal and physical custody.

However, this will not preclude him from filing for visitation when he gets out.

No custody has been awarded by courts I just found out he went to jail and this is something I have just decided too do

Is he your husband?
Do you plan to try to get child support?

Of course no custody has been awarded, the child isn't born yet!

If he's not listed on the birth certificate and isn't her husband and if she doesn't ask for child support and establish paternity, not clear if he has any rights. At birth at least, she's the only parent of record. Correct?

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Originally Posted by asking

If he's not listed on the birth certificate and isn't her husband and if she doesn't ask for child support and establish paternity, not clear if he has any rights. At birth at least, she's the only parent of record. Correct?

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The biological parents ALWAYS have rights unless those rights are taken away by a court. However, in the case of a father not listed on the birth certificate, he will have to fight for those rights in court. Also, it may be illegal for the mother to not list a father on the because if she knows who it is.

It is illegal NOT to list the father on the birth certificate? That's weird. What if you don't know? How can anyone prove that you know? That sounds pretty hard to enforce short surveillance at conception.

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Originally Posted by asking

It is illegal NOT to list the father on the birth certificate? That's weird. What if you don't know? How can anyone prove that you know? That sounds pretty hard to enforce short surveillance at conception.

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A birth certificate is a legal document. In most areas it is against the law to falsify a legal document. Granted it may not be easy to prove that the document was deliberately falsified. But anyone who does so risks prosecution for it.

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Originally Posted by asking

If he's not listed on the birth certificate and isn't her husband and if she doesn't ask for child support and establish paternity, not clear if he has any rights.

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Originally Posted by ScottGem

The biological parents ALWAYS have rights

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They have rights to try to have rights,;)
Of course he does not have any rights. The mother has /under presumption /sole legal and physical custody.

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Originally Posted by ScottGem

T it may be illegal for the mother to not list a father on the bc if she knows who it is.

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No,the mother is not under legal obligation to do it.

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Originally Posted by GV70

They have rights to try to have rights,;)
Of course he does not have any rights. The mother has /under presumption /sole legal and physical custody.

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I said they would have to go to court to enforce those rights.

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Originally Posted by ScottGem

I said they would have to go to court to enforce those rights.

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Yes! I cannot agree more!