Can my boyfriend get his son without going to court? 27 Answers as of July 08, 2013

My boyfriend has a child with a girl who is in jail. They have no court order regarding custodial rights. She left the child with her mother and now my boyfriend, who is the father, is not on the birth certificate. He recently had a paternity test confirming that the child is his. My boyfriend wants to get his son. Can he do that without having to pay for an attorney and take it all to court?

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The Law Offices of Laura A. Walker | Laura A. Walker
He needs to hire an attorney, file for paternity, and custody after paternity has been established.
Answer Applies to: Wisconsin
Replied: 7/8/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Your BF has a superior right to possession over Grandma. However, Grandma has the child. If she hands the child over - great, possession is what counts. If however, Grandma refuses, then the Sheriff can be called but expect the deputy to say this is domestic and not his/her concern, go to court. If you get a Deputy that takes a position, your BF should be given the child. But that would be the exception, not the rule. The simple resolution for the Sheriff's office is to stay out of the dispute unless it gets violent or someone breaches the peace in which case they arrest the aggressor which certainly will not help your BF. He needs to get his son but to do so will require a lawyer (unless Grandma agrees - what do you think, will she?). If Grandma will not agree, go to court and do it while Mom is in jail or at least start it while she is in jail, she most likely cannot pay for a defense lawyer and a custody lawyer. The proper procedure is file a Suit to Establish Paternity and get custody orders.
Answer Applies to: Texas
Replied: 1/20/2012
Law Office of Lynda H. LeBlanc
Law Office of Lynda H. LeBlanc | Lynda Leblanc
Your boyfriend will have to go to court to establish paternity. He may represent himself if he chooses. However, depending on his past involvement with the child and the age of the child he may have a hard fight on his hands if grandma fights for custody. Either way, he wants to get an emergency petition for temporary custody on file as soon as possible before the mother gets out of jail.
Answer Applies to: Indiana
Replied: 1/19/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
Your boyfriend needs to legitimate the child by filing a legitimation action in the county where the mother is incarcerated. The legitimation action will be a way for him to obtain legal custodial rights with the child. Your boyfriend should consult an attorney about filing this case in Superior Court.
Answer Applies to: Georgia
Replied: 1/19/2012
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
Until he goes to Court and legitimates his son, he has no legal or custodial rights. He has to obtain a Legitimization Order before he can do anything legally.
Answer Applies to: Georgia
Replied: 1/19/2012
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    No. He must file and do it the legal way.
    Answer Applies to: Iowa
    Replied: 1/19/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    He has no rights at all to the child unless he first legitimates the child. Until the child is one year old, this can be done via simple paperwork. After that, he has to file a legitimation suit in court.
    Answer Applies to: Georgia
    Replied: 1/19/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Your boyfriend is not required to have the assistance of a skilled family law attorney but to maximize his chances of gaining full custody, I would urge him to consider hiring an attorney to protect his interests. A petition for paternity with an ex parte motion for immediate custody would be filed with the court and served on the mother.
    Answer Applies to: California
    Replied: 1/18/2012
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    He can certainly try...but getting a court order would be the better route for him to take.
    Answer Applies to: California
    Replied: 1/18/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your boy friend's right to custody of hisson needs to be determined bythe Court. If he can't afford an attorney, hecould go to the Superior Court's self-help clinic for assistance in filing and proceeding with a Paternity case to seek sole custody of his son.
    Answer Applies to: California
    Replied: 1/18/2012
    Peyton and Associates | Barbara Peyton
    If there is already an order in place, no. If there is no order, the best thing he can do is go to court so he has an order to protect his rights. If your boyfriend and the child's mother can agree, the judge will usually honor that agreement if it has been made into a court order. Without a court order, the police don't have any real authority to help people when problems arise.
    Answer Applies to: California
    Replied: 1/18/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    He cannot do anything without "going to court" because he has no parental rights until a judge rules that he is the legal father and decides what parental rights and responsibilities he should have. The longer he waits to do something through the court, the less likely it will be that he can get what he wants from a judge.
    Answer Applies to: Colorado
    Replied: 1/18/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Have to get a Court Order declaring him to be the biological father of the child.
    Answer Applies to: Michigan
    Replied: 1/18/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    Doubtful how is he going to prove that he is is the biological father. He can't just walk over to Grandma's house and take the child over the Grandmother's objection. You will need to hire an attorney and do this properly, i.e. get a court order giving him temporary custody.
    Answer Applies to: Washington
    Replied: 1/19/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If there is no court order regarding custody, he has no enforceable rights until established by a Court. As a result, he must file an action to determine paternity, or if paternity has been determined, for custody and parenting time. As part of that action, he can request temporary relief where the court would place the child in his care pending a final resolution of the issues. You should consult with legal counsel.
    Answer Applies to: Minnesota
    Replied: 1/18/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No, he needs to have his rights established legally in a court of law by a judge. He needs to file a paternity action (that's what it is called, even if paternity is not in dispute), and should probably consult an attorney to assist him in properly doing so and in order to fully protect and establish his rights as the biological father.
    Answer Applies to: Florida
    Replied: 1/18/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    While the paternity test establishes that he is the father, he is not on the birth certificate, and he has yet to petition the court regarding establishing his parental rights. The Court must issue an order concluding that he is the father and setting an official plan for custody.
    Answer Applies to: Missouri
    Replied: 1/18/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    He should petition the court to establish his paternity and to set up an appropriate parenting plan and child support. He doesn't need a lawyer to do that. The sooner the better.
    Answer Applies to: Washington
    Replied: 1/18/2012
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