Does the father get joint custody? 12 Answers as of March 04, 2014

I am wondering if the father of my child has joint custody to our child. He is on the birth certificate as the father and he has signed the paternity waiver. Also another thing to take into account is that we are unwed and no longer in a relationship.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Generally speaking, in Arizona, in a situation as you describe unless and until there are orders entered regarding legal decision making and parenting time you and the biological father would have an equal right to have the child with you.
Answer Applies to: Arizona
Replied: 3/4/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
He has joint legal custody however he would have to petition for legitimation if you were not married and reside in Georgia to enforce his rights to visitation/custody.
Answer Applies to: Georgia
Replied: 3/3/2014
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
Before either of you have "custody" you have to file a petition to establish legal decision-making, parenting time and child support. Both parents are presumed to be fit parents to share custody as long as there are no major problems such as domestic violence or addiction. The fact you are unwed and no longer in a relationship does not change his right to parent (or yours). I would suggest consulting an attorney for more information on this process.
Answer Applies to: Arizona
Replied: 2/27/2014
Diane l. Berger | Diane L. Berger
Until a court decides otherwise, both parents have equal rights.
Answer Applies to: Nebraska
Replied: 2/27/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Either one of you can file a petition for parenting plan. This will outline when the child is with which parent and who has decision making authority. Unless there are good reasons (e.g. a history of DV) there will be joint decision making over major decisions. The fact that you were not married is irrelevant. What do you mean he signed the paternity waiver. Is he alleging he is not the father? If so, there should be a DNA test and if he's not the father, a new birth certificate should be issued and he will likely lose contact with the child, unless the child has already bonded to him.
Answer Applies to: Washington
Replied: 2/27/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    This case would require a paternity judgment establishing the father as the biological parent. You would also benefit from developing and getting a court order for the parenting schedule reflecting the timeshare that both parents have the child in their custodial care.
    Answer Applies to: California
    Replied: 2/27/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    If he is on the birth certificate then he is a parent with the same rights as you. A joint managing conservator is a title given in a court order. That same court order will allocate the important rights between the joint managing conservators ( Custody, educational decisions medical decisions, etc) and duties (child support and visitation). Without a court order he can take the child and has no duty to pay child support.
    Answer Applies to: Texas
    Replied: 2/27/2014
    Atticus Family Law
    Atticus Family Law | Matthew Ludt
    In as much as the paternity has been informally established with a Recognition of Parentage. (What you referred to as a paternity waiver.) It appears from your fact pattern that the father of your child has not established his legal custody rights, physical custody rights, nor parenting time rights under Minnesota law.
    Answer Applies to: Minnesota
    Replied: 2/27/2014
    Law Offices of Lauren H. Kane | Lauren H. Kane
    Someone has to file for custody if there is no court order in place.
    Answer Applies to: Pennsylvania
    Replied: 2/27/2014
    Solomon Weinstein | Solomon Weinstein
    Without a court order neither of you has specific custody. Presently you and the father each have rights to the child. This can be resolved by agreement or having the court determine who has primary custody or whether it is to be shared. You should speak with an attorney about the facts in the case and determine what is the proper recourse.
    Answer Applies to: Pennsylvania
    Replied: 2/27/2014
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    In Illinois you are the presumed custodial parent and he has to establish his parenting rights in court. He is the biological parent and legal parent but has no other rights unless he files through the court for them.
    Answer Applies to: Illinois
    Replied: 2/28/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    He is the father and has just as much right to your child as you do. If you want to restrict that, you need to go to court and file a petition to determine custody and child support. More than likely, that man will be in your life until your child is at least 18.
    Answer Applies to: Idaho
    Replied: 2/27/2014
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