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New Member
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Aug 20, 2010, 01:29 PM
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How to get full custody of unborn child
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
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Internet Research Expert
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Aug 20, 2010, 01:41 PM
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What custdy has been awarded to him by the courts?
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Computer Expert and Renaissance Man
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Aug 20, 2010, 01:48 PM
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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.
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New Member
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Aug 20, 2010, 10:31 PM
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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
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Ultra Member
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Aug 20, 2010, 11:24 PM
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Is he your husband?
Do you plan to try to get child support?
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Computer Expert and Renaissance Man
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Aug 21, 2010, 03:02 AM
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Of course no custody has been awarded, the child isn't born yet!
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Ultra Member
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Aug 21, 2010, 08:17 AM
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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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Computer Expert and Renaissance Man
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Aug 21, 2010, 02:22 PM
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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?
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.
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Ultra Member
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Aug 21, 2010, 04:55 PM
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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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Computer Expert and Renaissance Man
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Aug 21, 2010, 04:59 PM
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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.
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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Family Law Expert
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Aug 21, 2010, 06:02 PM
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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.
Originally Posted by ScottGem
The biological parents ALWAYS have rights
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.
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.
No,the mother is not under legal obligation to do it.
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Computer Expert and Renaissance Man
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Aug 21, 2010, 06:23 PM
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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.
I said they would have to go to court to enforce those rights.
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Family Law Expert
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Dec 13, 2010, 12:18 PM
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Originally Posted by ScottGem
I said they would have to go to court to enforce those rights.
Yes! I cannot agree more!
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