Custody Rights As An Unwed Mom

[lilmonkeyz06]

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

My ex-boyfriend and I are having a son together. He wants joint custody of his son. However, he has a child with another woman and does not see his other child. He does not want custody of her. Is it presumed that I have custody of our son since I am not putting the father's name on the birth certificate?

 

[LdiJ]

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

My ex-boyfriend and I are having a son together. He wants joint custody of his son. However, he has a child with another woman and does not see his other child. He does not want custody of her. Is it presumed that I have custody of our son since I am not putting the father's name on the birth certificate?

You will start off having sole custody by default. However, he can file to establish paternity/custody/parenting time/child support after the baby is born. Its almost guaranteed that he would get some form of joint custody (at a minimum joint legal custody which is joint decision making) and a parenting time schedule. It is far less likely that he would get a 50/50 parenting schedule.

 

[OhReally?]

However, he has a child with another woman and does not see his other child.

"However" this is irrelevant.

 

[CJane]

"However" this is irrelevant.

It's really only potentially irrelevant. If he currently has joint-custody and/or a visitation plan that he chooses not to utilize, then it IS relevant insofar as it can be used to show that he has no 'real' interest in the well-being of the child.

 

[lilmonkeyz06]

He does not want anything to do with his first child. I wasn't sure if that could be used against him in court if we did go to court. As soon as my son is born I plan on filing for sole custody of him.

 

[Just Blue]

He does not want anything to do with his first child. I wasn't sure if that could be used against him in court if we did go to court. As soon as my son is born I plan on filing for sole custody of him.

Did his disinterest in his daughter play a part in your decision in having a child with him?

 

[lilmonkeyz06]

I didn't know about his daughter until after I found out I was pregnant.

 

[Isis1]

I didn't know about his daughter until after I found out I was pregnant.

how far into the pregancy did you find out?

 

[lilmonkeyz06]

Maybe a month after I found out he told me about his daughter.