Ask Experts Questions for FREE Help !
Ask
    newmother28's Avatar
    newmother28 Posts: 8, Reputation: -1
    New Member
    		  
    #1

    Jul 17, 2010, 11:50 PM
    Do I need to name the father before filing custody of my child after she is born?
    I am a victim of domestic violence. My ex strangled me while I was 4 months pregnant. I am now 7.5 months pregnant and I am afraid he is going to try to get custody of my child after the birth. He is already taking the domestic violence to trial so I am thinking this guy will do anything he can to hurt me. My question is, do I need to establish paternity before filing for soul-custody of my child?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Jul 18, 2010, 01:41 PM

    When you file for custody and support then your also going to ask the courts to declare a legal father by naming the father and the courts will require him to take a DNA test unless he want s to sign for the child.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Jul 18, 2010, 05:26 PM

    You will have to name him, if he wishes to prove he is the father he can file to be proven by DNA and file for visits.

    You can use the police report of what happened to show he is a threat
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jul 18, 2010, 05:29 PM

    You will have to name the father to get custody or support.

    What was the results of the DV complaint? Is it going to trial? Does the prosecutor think he can win?
    newmother28's Avatar
    newmother28 Posts: 8, Reputation: -1
    New Member
    		  
    #5

    Jul 19, 2010, 02:46 PM

    It is starting to look like I do need to establish paternity before filing for custody. Because custody is between two people... If I didn't name him at all then there would be nobody to dispute custody with. Thank you to everyone for your responses.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #6

    Jul 19, 2010, 03:00 PM

    Yes, it is starting to look like that.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #7

    Jul 19, 2010, 05:23 PM
    Quote Originally Posted by newmother28 View Post
    It is starting to look like I do need to establish paternity before filing for custody. Because custody is between two people... If I didn't name him at all then there would be nobody to dispute custody with. Thank you to everyone for your responses.
    No you have this wrong. If you don't name him (the bio father) he can still take you to court for custody. Leaving his name off isn't that big of a deal if someone ones to excersize their rights.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #8

    Jul 20, 2010, 05:16 AM

    Now I'm confused - if she's requesting custody and or support she does need to name him, right?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #9

    Jul 20, 2010, 07:16 AM
    Quote Originally Posted by JudyKayTee View Post
    Now I'm confused - if she's requesting custody and or support she does need to name him, right?
    If she doesn't want support or doesn't need public assistance then she can leave the father unnamed. But that will only last as long as the father doesn't try to enforce his rights.

    If she does want support or needs public assistance she will have to name.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
    		  
    #10

    Jul 20, 2010, 07:41 AM

    The other question is are you married to him? If you are, this is a whole different issue. (It doesn't sound like you are but it bears asking)
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can the father of my unborn child get 50% custody if I want primary custody? [ 3 Answers ]

I'm 4 months pregnant and the father of the child and I are no longer together. For personal reasons I want to give the child my last name, not his. He says he can CHANGE the baby's last name once a paternity test is done. Is that correct? Also, I want primary custody and would agree to give him...

Custody of Child born out of wedlock in Ontario Canada [ 12 Answers ]

The father doesn't want the child at all. The mother wants to keep the baby. It has not been born yet and she is maybe about 3 weeks pregnant at most. Does anyone know what needs to be done to insure that she has sole custody of the child and not just "de facto sole custody" of the child? Like any...

Filing for child custody, what if father does NOT respond? [ 4 Answers ]

My husband and I are separated for just a few weeks. We have a 6 week old daughter. I have filed for sole legal and physical custody, and the papers say that he has 30 days to respond once he has been served. What does he have to do to legally respond, and what if he does NOT respond within 30...

I want to give custody of my unborn child to the father before the child is born [ 2 Answers ]

I am pregnant and wish to give custody to the father before the child is born

In CA who has custody of child born out of wedlock? [ 1 Answers ]

Hello everyone. I want to thank you in advance for any answers you may have. My son is 8 years old. He was born out of wedlock. After 7 years of me raising my son by myself, I agreed to let my son live with his father for a year. This was a mutual and verbal agreement made by his father and I....

View more questions Search