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    friendleyadvice's Avatar
    friendleyadvice Posts: 1, Reputation: 1
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    #1

    Oct 14, 2008, 11:56 AM
    Unmarried mothers legal rights?
    I was wanting to know if in most cases an unmarried mother gets granted custody or sole custody providing that I have evidence against child's father of drug use and unsanitary environment, and if in his case does he have to prove me unfit? Does he need actual evidence or proof to show me to be unfit? Will the judge in my custody hearing allow his family members or friends to approach the bench to say they've witnessed something I've done and will it be used without proof?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Oct 14, 2008, 12:06 PM
    1) If the father's name os not put on the birth certificate, he will have to file a court action to establish paternity. However, if you don't put his name on, then you will have to file the paternity case to get child support.

    2) Unless a father comes forward or is identified, the mother has sole physical and legal custody.

    3) If the father wants physcial custody, he will have to file in Family court. He will have to prove the mother unfit. This is extremely hard to do. Witness testimony will be listened to, but if there is no physical corroborating evidence, it will probably be discounted.

    4) If you expect him to baqttle you for custody, you better get an attorney, especially if he gets one.

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