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  1. #1
    georgialanes is offline Junior Member
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    Is child custody assumed after a break up?

    What is the name of your state (only U.S. law)?

    My husband has a 5 yr old daugter with his ex. They were never married, and split when their daughter was almost 2. They never went to court to get a custody agreement or anything, so would joint custody be assumed? His name is on the birth cert. and he pays child support, but since they moved he sees her a very little amount, a couple hours a month, and since they split he has only had her overnight about 10 times.
    So if something happened to the mother, would he automatically get custody of his daughter? She ( his daughter ) stays with her grandparents ( her mothers parents ) as much as she stays with her mother, because they babysit her a lot and live just down the road from her, they have her overnight a couple times a week. So where she is more used to the grandparents than the father would a judge give custody to the grandparents?

    I basically just want to know his rights, never having been married to the mother and with no court agreement in place, I need to know his legal rights and what would happen to his daughter if something were to happen to the mother. Thanks
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by georgialanes View Post
    What is the name of your state (only U.S. law)?

    My husband has a 5 yr old daugter with his ex. They were never married, and split when their daughter was almost 2. They never went to court to get a custody agreement or anything, so would joint custody be assumed?
    Since you didn't answer the required question above (What is the name of your state?) you can't get answers that are 100% correct. However, no, joint custody would not be assumed. Since they were never married most likely mom is the only parent with any custody.

    His name is on the birth cert. and he pays child support, but since they moved he sees her a very little amount, a couple hours a month, and since they split he has only had her overnight about 10 times.
    So if something happened to the mother, would he automatically get custody of his daughter? She ( his daughter ) stays with her grandparents ( her mothers parents ) as much as she stays with her mother, because they babysit her a lot and live just down the road from her, they have her overnight a couple times a week. So where she is more used to the grandparents than the father would a judge give custody to the grandparents?
    It wouldn't be automatic, because he does not currently have joint custody. However he would certainly be first in line for custody. There is a small chance however that the grandparents could prevail in a custody suit, since he has so little involvement with the child. It would be in both his and the child's best interest for him to get custody formally established and get an enforceable parenting plan, so that he is a more consistant part of his child's life.

    I basically just want to know his rights, never having been married to the mother and with no court agreement in place, I need to know his legal rights and what would happen to his daughter if something were to happen to the mother. Thanks
    Why do YOU need to know HIS legal rights?
  3. #3
    Silverplum is offline Senior Member
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    This poster has already had a thread on this topic, and has refused to reveal the state:

    [url]http://forum.freeadvice.com/child-custody-visitation-37/fathers-visitation-will-happen-440347.html#post2098538[/url]



    Quote Originally Posted by georgialanes View Post
    What is the name of your state (only U.S. law)?

    My husband has a 5 yr old daugter with his ex. They were never married, and split when their daughter was almost 2. They never went to court to get a custody agreement or anything, so would joint custody be assumed? His name is on the birth cert. and he pays child support, but since they moved he sees her a very little amount, a couple hours a month, and since they split he has only had her overnight about 10 times.
    So if something happened to the mother, would he automatically get custody of his daughter? She ( his daughter ) stays with her grandparents ( her mothers parents ) as much as she stays with her mother, because they babysit her a lot and live just down the road from her, they have her overnight a couple times a week. So where she is more used to the grandparents than the father would a judge give custody to the grandparents?

    I basically just want to know his rights, never having been married to the mother and with no court agreement in place, I need to know his legal rights and what would happen to his daughter if something were to happen to the mother. Thanks
  4. #4
    LdiJ is offline Senior Member
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    May 2004
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    Quote Originally Posted by Silverplum View Post
    This poster has already had a thread on this topic, and has refused to reveal the state:

    [url]http://forum.freeadvice.com/child-custody-visitation-37/fathers-visitation-will-happen-440347.html#post2098538[/url]

    Or isn't even in the US. I am sorry I even bothered to respond.

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