[Svelasquez2]

My daughter's father has been in prison since before she was born she is already 5 and he still has 7years to go but one of his friends told me he will be out sooner in about two years I think its in my daughters best interest for me to have full sole and physical custody of her I've been the one supporting and taking care of her since the day she was born and she had no idea who her biological father is he is not even on her birth certificate.. She knows my boyfriend of 5years has her dad we've been together since I was 6months pregnant and he has helped me physically emotionally and financially take care of her.. What are my chances of getting full sole and physical custody

[Fr_Chuck]

I would assume you already did, but yes very likely just file. Now that does not mean he will not have visitation rights or could file for them when he gets out, Most likely you could if he files for visitation ask the court to require it done at first with a counselor or a supervised visitation center.

Sole custody does not mean he loses rights, it is just the child lives with you full time and you get to make all legal choices, He still has visitation rights.

[ScottGem]

is he is not even on her birth certificate

If he is not on the birth certificate then he has no rights at this point in time. Therefore, you already have full and sole custody by default.

If, when he is released he decides to exercise his rights, he will have to go to court to do so. At that time you can argue against his having any rights. Why go through the time and expense to do so now? Even if you were to get full and sole custody, he would still be able to petition for his rights at some future time.

So I would leave well enough alone at this point. Or you could consider having your boyfriend adopt. In most places you would need to be married for a court to grant an adoption, but an adoption would sever the bio father's rights.

[Fr_Chuck]

Good catch Scott I was thinking on birth, must have misread that.

But I agree with a long prison sentence, it may be possible to adopt, a local attorney can tell you if your court has a law or prefers the couple to be married.