What is the name of your state (only U.S. law)? OR
Can a man who lived with a woman, unmarried, file and get sole custody of the children now that mom is incarcerated (less than 3 years)? First child was conceived while mom was living with and married to another man. They split and lived together through the birth of that child and another child two years later. Mom never got divorced from husband. Assumed father never signed acknowledging child as his, not on birth certificate, no blood test. Child support could not be established for the first child from the Assumed Father after that relationship broke up but was established for the second.
The assumed father took the two kids from a babysitter's house after mom was taken into custody. He is now petitioning court for sole custody.
Do you think he will be granted sole custody because the mother assumes he is the father, but he has no legal establishment of paternity for one of the children (he does for the second - signed the birth certificate at hospital even though Mom still married to another man)?
Can a man who lived with a woman, unmarried, file and get sole custody of the children now that mom is incarcerated (less than 3 years)? First child was conceived while mom was living with and married to another man. They split and lived together through the birth of that child and another child two years later. Mom never got divorced from husband. Assumed father never signed acknowledging child as his, not on birth certificate, no blood test. Child support could not be established for the first child from the Assumed Father after that relationship broke up but was established for the second.
The assumed father took the two kids from a babysitter's house after mom was taken into custody. He is now petitioning court for sole custody.
Do you think he will be granted sole custody because the mother assumes he is the father, but he has no legal establishment of paternity for one of the children (he does for the second - signed the birth certificate at hospital even though Mom still married to another man)?