How soon can I file for custody? 5 Answers as of January 19, 2012
I am currently pregnant and one of the potential fathers (there are two) is claiming that if he is the father he wants full custody because he is mad at me. He has threatened me to "lawyer up." I just want to know if I can file for custody without having a designated person on the birth certificate? I want whomever is the father to have visitation but not sole or primary custody. What is the soonest I can file paperwork? What needs to be established first?Free Case Evaluation by a Local Lawyer!
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Law Office of Rhonda Ellifritz | Rhonda Ellifritz
You file nothing. Since he can't give birth, he has to prove first that he is the dad (unless you allow him to sign the birth certificate) before he gets any kind of visitation.
Answer Applies to: California
Replied: 1/19/2012
Diefer Law Group, P.C. | Abel Fernandez
Normally, you want to wait until the birth of the child to file custody paperwork. But, you can file a month or so before you have the child so your hearing will be soon after you give birth. Or, you can wait until you have the child and then file this will give you time to rest before having to go to court.
Answer Applies to: California
Replied: 1/19/2012
Peyton and Associates | Barbara Peyton
As soon as you file papers for divorce or separation or if you were never married, there is a special petition to determine paternity and get child support.
Answer Applies to: California
Replied: 1/18/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
You will be filing a petition for paternity to establish the legal relationship between the father and child. Now would be an appropriate time to consider filing if you are close to your delivery date. You should set a motion to establish custody, visitation and support. Be sure to ask for reimbursement for any uncovered health care expenses related to the birth and medical care of the child.
Answer Applies to: California
Replied: 1/18/2012
Law Office of L. Paul Zahn | Paul Zahn
It is highly unlikely that he would be able to obtain sole custody of your at this time unborn child. You cannot seek custody and visitation orders until after the child is born and it is not your obligation to do so. You should not list anyone else on the birth certificate until you have genetic testing done to determine who the father is but a Petition to Establish a Parental Relationship can be filed prior to the child's birth so that genetic testing can be done promptly.
Answer Applies to: California
Replied: 1/18/2012
