Children and the Law
Child Support

If the father of your baby is married and his wife finds out and is forcing him to fight for full custody of your child can they succeed in getting custody?

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2011-09-12 21:33:17
2011-09-12 21:33:17

Not very likely. You would have to be the worst mother in the world for that to happen. I've got a suggestion, fight fire with fire. Sue for child support.


Not unless you are living on the streets or are a crackhead. You need to get advice from an attorney, or public defender. Go to your local Family Law office, and get educated NOW. What a scary situation to be in. Be prepared, and get your facts straight, because being pregnant and stressed out are not a good combo. If the wife is harrasing you, get a restraining order immediately, then more than likely in the end, they will have no visitation rights at all.

The law presumes that an unmarried female has sole custody to her child until a court rules otherwise.

First, the father would have to establish paternity and the court would not force the mother to submit to a paternity test unless the mother wanted to file a child support petition.

If the mother agrees to the testing and paternity is established to the satisfaction of the court the biological father can petition for custodial rights as can the mother.

The wife of the alledged father has absolutely no say in the matter nor would the court allow her to present her views.

As noted, the father would only have a chance to obtain full primary custody if it was proven to the court by a state agency (DFS, CPS, etc.) that the mother was guilty of abuse and/or neglect and/or child endangerment.

It is a fact that the court prefers both parents to be involved in the child's life. Therefore very seldom will the court grant either parent full custodial rights or refuse visitation rights of either parent.

FYI, persons involved in civil issues do not qualify for a public defender.

There are many agencies that will help a single mother in such a situation, one such organization is Birthright, 1-800-550-4900,

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