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Getting custody
Hi, I'm trying to get custody of my daughter. Her mother left the state bcause of an ex-boyfriend,and left my daughter with her grandparents in a camper trailer. I took action and said that if she's going to be with any one it should be me. So I called a lawyer to get some info and he told me I had no rights to my daughter because I have no dna test but my name is on the birth certifacate. So my question is that if I'm paying child support and doing my part what should I do to get custody of my daughter?
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I would contact another lawyer. If you are paying court ordered child support then you are considered the legal father and can certainly petition for custody. Even if its not court ordered support, if you are listed on the because as the father, then you are still the legal father. Now, its possible the grandparents will fight it and demand that a paternity test be done. But that would be the result of court proceedings, the lack of a paternity test certainly would not preclude them. |
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Thanks for the answer scott. That was what I needed to know. I'm trying to get in touch with the lawyer I had originally had handling my case for visitations and she has yet to call me back. I'm still working on getting things started for the custody battle. The only thing is that my ex is going to try and make it so that I can't see my daughter at all,but I know she can't do that. If you have any other advice to offer it would be greatly appreciated. Keep in touch and I'll let you know how things turn out. Thanks again it helped boost my confidence. |
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Yes, if you are listed on the birth certificate, then you are the legal father, there is no required DNA test unless you or the mother would challenge that fact latter during future court action. ** some states do not even allow challenge after some time frame. And yes, this is grounds to ask for emergancy temp custody and to go to court for full custody. This is a great case, |
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Document everything! Make sure you have everything lined up. That's part of what you needan attorney for, to tell you what evidence you need. Your entire focus should be the best interests of the child. Do not turn this into a battle between you and the mother, but focus on the child. |
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