• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sole custody sought by Assumed Father

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kylecov04

Junior Member
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)?
 


CSO286

Senior Member
Is there a legal father out there?
Wait--I take that back. since mom was married at the time of the first child's birth and has never actually divorced husband, then these children do have a legal father out there--Mom's estranged husband. (Right?)
And outside a of a husband's statement of non-parternity and the biological father stepping up and estblishing paternity, then that guy--husband is dad.

I can see DCF going nuts if someone makes a phone call.....

Where are the wise seniors when an op needs one???

:)
 
Last edited:

kylecov04

Junior Member
Chances are this guy is the biological, natural, father. He has just never proved it. There is no father on paper.
 

Antigone*

Senior Member
posting history folks:cool:

Look, lady ~ the answer has not changed, no matter how many different spins you put on it.
 

kylecov04

Junior Member
Is there a legal father out there?
Wait--I take that back. since mom was married at the time of the first child's birth and has never actually divorced husband, then these children do have a legal father out there--Mom's estranged husband. (Right?)
And outside a of a husband's statement of non-parternity and the biological father stepping up and estblishing paternity, then that guy--husband is dad.

:)
Support was sought by agency for the estranged husband to pay up. He fought it. YES, a husband is assumed to be the legal father. But he fought it and the mother agreed.
 

Zigner

Senior Member, Non-Attorney
"Who are YOU in this?"

I am family of the mother.
Unless you up and married her in the last week, you're NOT family.

I don't feel like dealing with someone who frames the questions specifically to get answers he wants to hear. I'm out.
 

kylecov04

Junior Member
posting history folks:cool:

Look, lady ~ the answer has not changed, no matter how many different spins you put on it.
Not spinning it, just clarifying facts that have came up upon further investigation. Assumed father, and mother, actually listed this one child as nonjoint on second childs support order. Is that a dad's way of claiming his child? Nonjoint? Not mine?

Since this guy slept with the mom while she was still residing with and married to another guy, then went to play house, never marrying and never admitting he is the father, does not now "legally" give him the right of that child. Show me statute that says it does. Show me case law. Show me a case where a judge has granted custody to a non-legal dad. I certainly cannot find it.
 

kylecov04

Junior Member
Unless you up and married her in the last week, you're NOT family.

I don't feel like dealing with someone who frames the questions specifically to get answers he wants to hear. I'm out.
No, I didn't marry in the last week so there is no Legal form of marriage or Legal connection, other than psychological relationship establishing a bond.

But I think I do have a right to ask questions. Afterall, this guy doesn't have any legal connection to the kid. Why then would I have to have a legal connection to anyone involved to ask a question?
 

Isis1

Senior Member
No, I didn't marry in the last week so there is no Legal form of marriage or Legal connection, other than psychological relationship establishing a bond.

But I think I do have a right to ask questions. Afterall, this guy doesn't have any legal connection to the kid. Why then would I have to have a legal connection to anyone involved to ask a question?
Because third parties are biased and get facts muddled. Plain and simple, kyle.
 

kylecov04

Junior Member
Because third parties are biased and get facts muddled. Plain and simple, kyle.
I do understand that statement. But, in my defense, I am the one going to the court house to obtain true documents for fact to back up everything I say. I am talking to all parties including the Mother of the children, her fiance, her mother. I live with her mother and have been there for over 9 years (the children are 3 and 5). I have been the one to care for, and be a part of the lives of, this ladies children... i.e. sleep-overs, babysitting, birthdays, holidays, soccer games, etc. I was there for the births of the children in the hospital room and saw them take their first breath. I had the video camera and mom wanted it taped. I have been there to loan money, along with maternal grandmother, when the two of them did not have enough money for food, diapers, clothes, presents, etc.

I guess I am a third party... but a quite involved third party. I am biased as I want to see the relationships preserved and/or restored so that the mother can get to talk to her children and possibly even get to see them. To even be told how they are doing. How her son is doing in school. Anything, any word at all would be good for the mother. She messed up and got herself in jail, but she does not loose her legal right as a parent. And this guy who has not established a legal relationship is keep any and all contact from her as well as the rest of the family, friends, etc.
 

kylecov04

Junior Member
https://forum.freeadvice.com/child-custody-visitation-37/motion-intervene-question-531775.html

OP. You have been educated by the volunteers of this forum. If you do not like said education...GO PAY AN ATTORNEY.
I would beg to differ about the educated comment. Maybe my login had something to do with the answers in the other forum question. Maybe people think I'm a guy. I don't think people fully read the comments/questions but rather had more fun poking and assuming I was bed warmer. Legal points got lost.

I've read other forum questions where a third party did in fact receive answers and not with a lot of jokes. Actual thought out answers.

I am searching for answers that back up the very fiber of what I am reading in state statute. Not just what I want to hear.

I will take it to an attorney. My cousin is one if fact here in town. In fact I have already had an appointment with him... we all went to the same appointment. Answer: definitely take it to a judge: File immediately - Motion to Intervene.

I will be sure to revisit the forum and update as to what happens.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top