i need to know if i have sole custody of my 3 year old daughter when her biological father is on birth certificate but never has been in her life?

Brandee - posted on 11/11/2012 ( 3 moms have responded )

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her biological father and i were unwed when i gave birth to her and still unwed. i dont speak with him anymore and i dont want him in her life. he got arrested for spousal and child abuse and he doesnt care about her or he would have been trying to see how she has been doing. he has never paid child support and allowed me to take her out of california where she was born. all he wanted to do was get rid of all of her stuff and my stuff and keep all of his stuff and buy himself new stuff. all he cared about was himself. his life is surrounded by thugs and it's not a life for a child. i have heard has been arrested a few times since i gave birth to my daughter which was over 3 years ago. i live in georgia with my fiance and our 2 sons and i need sole custody of her so i can change her last name so we can be a family. i dont have any money to get a lawyer even if i dont have sole custody.

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[deleted account]

Like I said though, regardless of what he has done, you may well find you will have to get a ruling specifically regarding custody. Does the previous ruling regarding the abuse still stand or was it for a specific time frame? All of these things may affect a custody ruling (potentially more in your favour if the ruling still stands).



I imagine if you google custody laws in the state you now live you should be able to find some information.



I recommend initially you should focus on the .gov sites. Other sites may provide incorrect or misleading information, or have vested interests in pushing a specific agenda.

Brandee - posted on 11/12/2012

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Thank you, Lara. I don't live in California, anymore, however. But that is where she is born at and to my understanding, I will have to go through the state that I am living in. However, I cannot find anything on my situation. But some of those things you have said, I didn't know. So thank you for that info and the links. But the year she was born, he was arrested for child and spousal abuse and wasn't allowed near her at all for the child abuse claim he was arrested for. And he has been arrested several other times since she was born.

[deleted account]

I don't know what the laws are in the US regarding custody. I know that in Australia if one parent has not attempted to make contact with their child in 7 years they can forfeit any custodial rights. This is considered abandonment. Find out what the law is in California regarding abandonment... Also find out if California is the only state law that is applicable in your situation.



I did a quick google search on custody and abandonment in California. I haven't done more than a cursory glance at these following sites but they should contain some information that is helpful.



http://www.courts.ca.gov/selfhelp-custod...

http://www.childwelfare.gov/systemwide/l...



From a quick review it looks like the US Department of Health and Human Services may be the best department to contact. You should be able to get information around custodial rights without having to pay money.



Child welfare have contact details http://www.childwelfare.gov/contact.cfm



Just remember though, regardless of his behaviour and how you feel about him, your ex does has rights to see his child and have a level of custody. Unless of course the courts rule he is unfit or has abandoned his child.



Alternatively you could see if your ex would agree to your fiance adopt your child.

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