Can I get full custody of my baby if the father does not visit? 12 Answers as of June 23, 2013

Am I able to get full custody of my baby since the father is my ex boyfriend and we don't live together and how would visitation rights for him work when he hasn't seen the baby in months? He only gives me money once a month instead of weekly. Also, if I get full custody that means my child wouldn't stay at the father's place.

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Reza Athari & Associates, PLLC | Riana Durrett
Under Nevada Revised Statute 126.031, "The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents." Each parent has a right to raise their child regardless of marital status, unless there is a court order stating otherwise. There are various ways to prevent the other parent from having visitation rights or reduced visitation, which include termination of parent rights, obtaining sole custody, etc. These would require a court order. An attorney can assist in navigating the family court system and determining which facts and evidence are the relevant ones that should be addressed with the court.
Answer Applies to: Nevada
Replied: 9/26/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Yes you can.
Answer Applies to: California
Replied: 6/23/2013
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Based on what you have stated, you are very likely to receive primary physical custody with the father having some type of parenting time.
Answer Applies to: Michigan
Replied: 9/23/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You would have to apply for custody visitation and support orders.
Answer Applies to: Connecticut
Replied: 6/21/2013
Law Office of Cassandra Savoy
Law Office of Cassandra Savoy | Cassandra Savoy
For so long as your ex paramour remains your child's father, he will have the right to visit with the child whether or not he has seen the child recently. Giving you money monthly is what most people do. The amount is calculated by the week, but need not be paid by the week. Public policy in NJ encourages the child to bond with and to love both parents irrespective of who has residential custody.
Answer Applies to: New Jersey
Replied: 9/23/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Custody and parenting time decisions are made based on what a court believes to be in the child's best interests. Primary custody may be shared or awarded to on primary caregiver subject to a parenting schedule with the non-custodial parent. Parenting schedules often include overnight visits, alternated holidays and vacation weeks.
    Answer Applies to: Minnesota
    Replied: 9/23/2011
    David M. Siegel & Associates
    David M. Siegel & Associates | David M. Siegel
    The standard for determining custody is the best interest of the child. If the father does not visit nor show an interest in seeing the child, this could be a factor in determining custody.
    Answer Applies to: Illinois
    Replied: 9/23/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If there is no court order declaring your ex-boyfreind to be the father and giving him specific parental rights, you already have "full custody" and he has no specific rights or obligations. Until there is a court order establishing parental responsibilities you do not have to allow anything and the father does not have to give you any money. You need to consult an attorney about how to handle your situation properly and in a way that will clearly identify each parents rights and duties.
    Answer Applies to: Colorado
    Replied: 9/23/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You asked this on a Georgia site, so here is a Georgia answer. It will not be accurate in some other states. Unless he has legitimated the child, you already have sole custody and he has no visitation rights at all. There is nothing to file.
    Answer Applies to: Georgia
    Replied: 9/23/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you were never married to the father and the father has not gone to court to legitimate the child, you already automatically have full custody and the father has no rights.
    Answer Applies to: Georgia
    Replied: 9/23/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, the court will put in place a parenting plan that makes sense for the child and parents. He doesn'tloose parenting rights becausehe does or doesn't pay support.
    Answer Applies to: Washington
    Replied: 9/23/2011
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