How do I get sole custody of my child if the mother is only nineteen? 24 Answers as of December 06, 2011

I have a child with a 19 year old girl. I am 31 and married. I have a stable home. The child's mom lives with her family and her mother is a foster mom. I want sole legal custody, how do I get this?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
File a Paternity case and an Order to Show Cause for child custody. The Court will likely consider many factors, including the parties' relative ages, but you should be aware that the Court won't necessarily give you custody based on the age difference and/or the wealth difference.
Answer Applies to: California
Replied: 12/5/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
You file a petition for sole custody in the appropriate Virginia court but under the circumstances described you would be well advised to have an attorney representing you.
Answer Applies to: Virginia
Replied: 12/5/2011
Pierce Family Law | Rodney Pierce
In Washington, the courts do not provide for custody. The court will make a parenting plan for the child which will provide for residential time for the parents and decision making. The court will review the statutory requirements and decide who will be the primary residential parent. You do not say why you should have sole custody. This may occur in some cases; however, children tend to prosper better when they have an active relationship with both parents. I would suggest that you contact a family law attorney and get a 30 minute free consultation.
Answer Applies to: Washington
Replied: 12/5/2011
Law Office of William L Spern | William Spern
You petition for custody in the family division of the circuit court in the county in which you live. You must be a legal father to get custody. If not a legal father, you must file a paternity action in the family division of the circuit court in the county in which you live.
Answer Applies to: Michigan
Replied: 12/5/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The age of the mother is irrelevant. 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. You should consult with legal counsel.
Answer Applies to: Minnesota
Replied: 12/5/2011
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    First you need to establish paternity. Then you will want to file a motion regarding custody and visitation.
    Answer Applies to: California
    Replied: 12/3/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    You don't say how old the child it. However, with the mother being just 19 years old, my first thought is that it sounds like you are coming remarkably close to admitting that you had sex with an underage girl. Are you sure you want to do that? Even if she wasn't under age at the time, exactly how much approval do you suppose the court is going to have for a married, 31 year old man impregnating an 18 year old girl? The reality here is that you are going to have a very steep and very expensive hill to climb to have the slightest hope of having this child live primarily with you, absent some major defect in the mother or her lifestyle. If you want to go down that road, that is, of course, your right. However, you should probably be prepared for the idea that you are going to have to throw baskets full of money at one or more attorneys.
    Answer Applies to: Washington
    Replied: 12/3/2011
    Peyton and Associates | Barbara Peyton
    Age is not the determining factor in arranging for custody of a child. You need to file a motion with the court for custody. You will then need to attend mediation with the family court services personnel. If no agreement can be reached, family court services will make a recommendation. If you don't like the recommendation, you can ask the judge for a different result.
    Answer Applies to: California
    Replied: 12/3/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Typically you would share legal and physical custody. You can get full legal custody only if the mother gives it to you in a settlement agreement or if you convince the court to do it for the best interests of the child. The legal system starts with the assumption that the child needs you both. You would not likely be able to take the child away from the mother just because she is young, lives at home, or does not have as nice a home as you. The court will have to decide where the child will normally reside and what visitation schedule the other parent will get with the child.
    Answer Applies to: California
    Replied: 12/3/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This is a very bad situation. It may make your child's life better if you raise the child.
    Answer Applies to: New Jersey
    Replied: 12/3/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    You must start a Parentage Action (i.e., "paternity") with the court to request a residential schedule regarding the child.
    Answer Applies to: Washington
    Replied: 12/3/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    What you really mean to say is that you want primary residential custody of the child. You need to file a custody complaint with the assistance of an attorney.
    Answer Applies to: New Jersey
    Replied: 12/2/2011
    Odin, Feldman & Pittleman, P.C.
    Odin, Feldman & Pittleman, P.C. | Richard A. Gray
    Your question can not be answered in a few sentence in this law line Q&A. You need to review Va. Code 20-124.3 and consult with an attorney. Va. Code 20-124.3 sets out a list of factors the court must consider in any determination of custody and visitation in the best interests of the child. I do not see the relevancy of the grandmother being a Foster Mother to your case. Absent a showing that the child's mother is unfit, you are more likely to have joint legal custody and a visitation schedule, but I can not say or give any estimate of what that visitation schedule would look like from the limited information you have provided.
    Answer Applies to: Virginia
    Replied: 12/2/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    You have to file for custody.
    Answer Applies to: Nebraska
    Replied: 12/2/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You have to file a paternity case and ask the court to establish specific parental rights and responsibilities in a parenting plan that is designed solely to serve the child's best interest. That may or may not give you sole custody, or any physical custody and will establish financial obligations of each parent. Unless you can clearly establish that the mother is unfit, it is most likely that you will only be entitled to some reasonable parenting time and that you will pay child support.
    Answer Applies to: Colorado
    Replied: 12/2/2011
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    You have to file a complaint for custody and have it served upon her to start the process. In my practice i usually recommend filing a motion for custody when the complaint is filed depending on the circumstances.
    Answer Applies to: Nevada
    Replied: 12/2/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You start just like any other father, you file a suit to establish paternity and seek custody.
    Answer Applies to: Texas
    Replied: 12/2/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Get an attorney to discuss the specifics of your case with. The presumption is that there will be joint custody and placement.
    Answer Applies to: Wisconsin
    Replied: 12/2/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    How old was this girl when you impregnated her? Were you married then? Frankly, I am more concerned about your behavior than the mom's age - especially when she has a compassionate family surrounding her.
    Answer Applies to: California
    Replied: 12/2/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The court must assess what living arrangement is in the child's best interests. Just because the mother is young and living with her family would not be factors that alone would justify custody with the father.
    Answer Applies to: California
    Replied: 12/2/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    It is extremely unlikely that you will get sole custody of the child given the situation. The courts will look at the disparity of age between you and the child's mother and will likely consider that as a factor in determining the best interests of the child. If the mother was a minor when the child was conceived, you may be investigated criminally.
    Answer Applies to: California
    Replied: 12/2/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    File a parentage action in the area that the child lives. That's the easy part. The hard part is convincing the court that you should be granted sole legal and sole physical custody of the child. Just because the mother is 19 and living with her foster mom isn't sufficient to have a court grant you such extreme orders. I strongly recommend you speak to an attorney in your area to determine if there are other facts that warrant a change of custody to you. Also, keep in mind that legally you are not the father. You first have to establish that you are the biological father of the child before the court would consider granting such orders-should the mom object to you being the father.
    Answer Applies to: California
    Replied: 12/2/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    You would have to file a complaint in family court for custody. To get full custody, you would either need to make an agreement with the child's mother, or have a judge order that you get full custody. It will be difficult to obtain full custody absent some proof that the mother is abusive or neglectful to the child. Typically the courts favor an arrangement where both parents have access to the child, absent extreme circumstances.
    Answer Applies to: Massachusetts
    Replied: 12/2/2011
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