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techdaddy2010 · Jul 23, 2013, 07:59 PM

I am a unwed father and last week his mother moved out and let me keep him what are my options for getting custody I want her to see him but I am scared that down the road she will try and keep him

techdaddy2010 · Jul 23, 2013, 08:03 PM

Oh I might want to add I live in Oklahoma I read somewhere that if either parents leaves the home that they give up there physical custody until visitation is established

N0help4u · Jul 23, 2013, 08:30 PM

I'd advise not to hand the baby over to her until visitation is set up and you know where she is living. Get to family court and file for custody asap.

techdaddy2010 · Jul 23, 2013, 08:33 PM

Originally Posted by N0help4u

I'd advise not to hand the baby over to her until visitation is set up and you know where she is living. Get to family court and file for custody asap.

is custody awarded or are there court dates set up like when going through a divorce

joypulv · Jul 23, 2013, 08:39 PM

Attempts have to be made to locate the mother so that she can attend the hearing.
Are you on the birth certificate?
If not, you are essentially just an unrelated person with no rights, and can't refuse to hand the baby over.
You need to first file for a DNA test to establish paternity.
Fortunately you have the baby to take in for the test.
If you are on the b.c. file for custody and wait for her to be located.
If she can't be located, then you may get temporary custody.

techdaddy2010 · Jul 23, 2013, 08:44 PM

Originally Posted by joypulv

Attempts have to be made to locate the mother so that she can attend the hearing.
Are you on the birth certificate?
If not, you are essentially just an unrelated person with no rights.
You need to first file for a DNA test.

Yes I am on the birth certificate I want him in her life but don't want to loose him she made the choice to leave him with me and she lives in a 2 bedroom house that now has 5 people in it

joypulv · Jul 23, 2013, 09:02 PM

Courts are reluctant to award full custody to one parent unless recorded crime and negligence are known. All you can do is present your case. If you can afford a lawyer to get proof of how she is living, do so, because the court isn't interested in hearsay.

There's only so much we can tell you will happen. You have to go and see how it plays out.
Make a list of what happened when, and get a notarized statement from a witness if you have one, saying that she left him with you.
She might not even show up for the hearing.
Custody arrangements are etched in stone until one person goes back and files for a change, so she might change her mind at some point, and you just have to accept the fact that she might want equal custody, and might get it.