Can I take my ex girlfriend to court for child custody? 25 Answers as of October 28, 2011

What do I do? I am thinking of taking my ex girlfriend to court. We have a daughter together and have a child support arrangement.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You should commence a paternity action and seek a residential schedule.
Answer Applies to: Washington
Replied: 10/7/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
You can file an action to legitimate your daughter, and obtain a custody order (creating a visitation schedule) as a result of the action.
Answer Applies to: Georgia
Replied: 10/5/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
I assume that paternity of the child has already been established. If that has been done, then, yes, you could bring an action to establish a parenting plan. What sort of parenting plan you are going to end up with will, of course, depend on the details of your case.
Answer Applies to: Washington
Replied: 10/5/2011
Law Office of Cassandra Savoy
Law Office of Cassandra Savoy | Cassandra Savoy
You can ask. The standard is "best interest of the child."
Answer Applies to: New Jersey
Replied: 10/4/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You can take someone to court for anything. Whether you should and the consequences are things you should discuss with your lawyer.
Answer Applies to: Georgia
Replied: 10/4/2011
Law Offices of Paul A. Eads
Law Offices of Paul A. Eads | Paul A. Eads
File a request for custody or visitation.
Answer Applies to: California
Replied: 10/4/2011
Law Office of Kathryn L. Hudson
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
If you have not legally established paternity in court you need to file for a Petition of Paternity and Custody. In Arkansas an unmarried father has limited rights without establishing them in court order.
Answer Applies to: Arkansas
Replied: 10/4/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
Yes, you can seek parenting time or custody of your daughter. You can file in juvenile court.
Answer Applies to: Ohio
Replied: 10/4/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You would best consult with and retain an experienced Family Law Attorney to file and pursue a child custody case on your behalf.
Answer Applies to: California
Replied: 10/4/2011
Patricia C. Van Haren, Attorney at Law
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You should contact a family law attorney to discuss why you wish to seek custody as well as what type of parenting plan that you are seeking. Your attorney can then file an appropriate hearing with the court.
Answer Applies to: California
Replied: 10/4/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The obvious, simple answer is that you can certainly "take her to court" - meaning you can file a paternity/allocation of parental responsibilities case to obtain a court ordered parenting plan. The details of what that court order provides will be based on what is in the child's best interest, but until you start the court case you won't know anything about what your "legal" rights are.
    Answer Applies to: Colorado
    Replied: 10/4/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Yes you can go to court to establish you are the biological father and to set up a custody plan. You need to file a paternity petition and a custody motion.
    Answer Applies to: California
    Replied: 10/4/2011
    Hochman and Peppler, LLC
    Hochman and Peppler, LLC | Thomas R. Peppler
    If you file a paternity action, the court will treat you and the mother in the same manner as divorced parents, recognizing your rights and obligations as parents with shared responsibilities.
    Answer Applies to: Florida
    Replied: 10/4/2011
    The English Law Firm
    The English Law Firm | Robert English
    Yes, you can. You have parental rights and you can start a parentage action to seek custody arrangements.
    Answer Applies to: California
    Replied: 10/28/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You must commence a paternity action immediately. Once commenced, the mother may not relocate out of state without the curt's permission. Courts make custody determinations based on what the court believes is in the child's best interests. In most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective.
    Answer Applies to: Minnesota
    Replied: 10/4/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    Since you have a child support order in place, it sounds as though you have already established paternity. If the judgment on your complaint establishes a custodial arrangement, then you can seek to modify this arrangement by filing a complaint for modification.
    Answer Applies to: Massachusetts
    Replied: 10/4/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes. But before you do you should consult a family law attorney to discuss what your goals are and how you might achieve them.
    Answer Applies to: New York
    Replied: 10/4/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Yes, file a motion in court for a revision of placement and custody.
    Answer Applies to: Wisconsin
    Replied: 10/4/2011
    Law Offices of Christopher L. Hoglin, P.C.
    Law Offices of Christopher L. Hoglin, P.C. | Christopher L. Hoglin
    California - Take my Ex-Girlfriend to Court You can always take someone to court. What you have to determine is whether it would be worth your while to take her to court. First ask yourself, why do I want to take her to court? Do I want increased custody time? Is our informal agreement not being complied with? Does your daughter's mother restrict your access to your daughter? Do you want to make sure you're paying the correct amount of child support? Make sure you know what rights and responsibilities will come out of going to court before you go.
    Answer Applies to: California
    Replied: 10/4/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Request a custody arrangment from the court. You and the Mom can agree to settle the matter, but you want your rights protected. Without an order, you lack the ability to enforce custodial time with your child.
    Answer Applies to: California
    Replied: 10/4/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You need to file a legitimation petition and ask for custodial and visitation rights, and a court ordered child support amount.
    Answer Applies to: Georgia
    Replied: 10/4/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Hire a lawyer and file a Complaint for Custody. Or, better yet, get her to agree to mediate since you have to cooperate in raising the child for at least 18 years.
    Answer Applies to: Pennsylvania
    Replied: 10/4/2011
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    Your case will be heard at family court. So, yes, you may do so. Paternity will be established during the process. An attorney can guide you through the process to prove paternity while at the same time custody can be awarded!
    Answer Applies to: Alabama
    Replied: 10/4/2011
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