Can my ex boyfriend get full custody? 12 Answers as of June 20, 2011

My ex boyfriend has filed for full custody of our daughter as well as my son who is not his biologically. The judge asked if he wanted to take on the financial responsibility of my son and he said yes. The judge is taking this in to consideration. He also told the judge he is paying my sons child support, how can he do that? The order is for my sans father. Thank you for your help.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
If he is not the biological father, awarding custody to him is unlikely unless he can make a showing he is the de facto parent.
Answer Applies to: Washington
Replied: 6/20/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
The other child is not his and he would have no rights to him. As to your shared child, yes, he can get sole custody.
Answer Applies to: Connecticut
Replied: 6/20/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
It would be very difficult for your boyfriend to acquire custody of a child that is not biologically his own. To do so, both biological parents would have to be served wit the action and allowed the ability to defend against the request. Moreover, the law presumes a parent to be proper making a request for third party custody significantly more difficult than seeking custody of a biological child. With regard to the child you have together, a court makes custody decisions based on what it deems to be in the child's best interests. As part of its analysis, a court will consider any evidence relevant to its determination.
Answer Applies to: Minnesota
Replied: 6/17/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
There is no really good answer to this question without a lot more information. Did your boyfriend adopt your son? If not, then, your boyfriend would normally have to begin a third party custody action to get custody of your son. Further, it would involve not only you and your boyfriend, but your son's biological father as well. The boyfriend would normally have to prove that both you and your son's biological father were unfit as parents for the child. As to your daughter, was paternity ever established? I assume that your boyfriend is the biological father of your daughter. However, depending on whether the issue of paternity was ever settled, either through declarations of paternity or through court action, the boyfriend may or may not be able to maintain an action for custody of her.
Answer Applies to: Washington
Replied: 6/17/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Your facts don't sound complete and you don't indicate where (what state) the case is happening in. The simple rule is that the judge can do whatever he believes is in the best interest of the children. But, the specific state law will control how he makes that decision to balance against your constitutional right to parent your children and to prevent interference by a non-parent. You need to have an attorney involved.
Answer Applies to: Colorado
Replied: 6/17/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    Custody of children can be a complicated issue. While the father of your daughter may seek custody of her, under Minnesota law, there may be circumstances which allow him to seek custody of your son as an interested third party. Whether he is allowed to do so depends on the specific facts of your case. In Minnesota, a third party may have the right to intervene in a custody case or to start a custody case to seek custody of a non-biological child when the third party meets the legal criteria. You should contact and hire an experienced family lawyer who can advise you on your best course of action.
    Answer Applies to: Minnesota
    Replied: 6/17/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I don't know what state you're in, and so I can't know your local laws. Before the judge rules, you desperately need to see a domestic relations attorney. If you cannot afford one, then contact the Legal Aid Society. Believe it or not, you're in danger of losing your children.
    Answer Applies to: Ohio
    Replied: 6/17/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Does not sound right is the daughter biologically his? are you unfit? has he presented evidence? sounds fishy to me. do you have a for such an important thing?
    Answer Applies to: Florida
    Replied: 6/17/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    > A QUESTION HAS BEEN SENT TO YOU VIA A CHILD CUSTODY WEBSITE ON THE LAW QA > NETWORK > Answer: We are divorce lawyers in Augusta, Georgia. It is imperative that you retain a divorce attorney to help you with your child custody matter ASAP! Some of the facts presented here don't make complete sense, but you should sit down with a divorce lawyer and discuss all the facts, and your rights and options. Good luck! > ID:23257 > Question: Can my ex boyfriend get full custody? > Question Detail: My ex boyfriend has filed for full custody of our > daughter as well as my son who is not his biologically. The judge asked if > he wanted to take on the financial responsibility of my son and he said > yes. The judge is taking this in to consideration. He also told the judge > he is paying my sons child support, how can he do that? The order is for > my sans father. Thank you for your help. > > *********************************** > To answer this question, please just reply to this email. The original > content and subject should not be modified, otherwise your answer will not > be valid.
    Answer Applies to: Georgia
    Replied: 6/17/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Sounds like this is in Probate Court and he is asking for the biological father's rights to be terminated so he can adopt your son.
    Answer Applies to: Connecticut
    Replied: 6/17/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    He can file for custody of the child you have together, and he can even file for custody of the child who is not his biological child, but it is ridiculous. Unless you are totally unfit as a parent, he cannot get custody of your other child. He has no parental rights. I have had this issue come up and I laughed. It is amazing that the Judge in your case knows so little that she or he is "taking this into consideration". There is nothing to consider. He is not the father? He did not file a motion to terminate your parental rights (he would not be first in line, anyway... what about the biological father?!)? That is the end of it. He loses. He is probably just doing this vindictively,to harass you.
    Answer Applies to: California
    Replied: 6/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you do not have a lawyer, get one. You need one (and you needed him at the beginning of the case). If your children matter at all, seek counsel before it is too late.
    Answer Applies to: Georgia
    Replied: 6/16/2011
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