100% Custody

[LadyJaye_PA]

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

I am trying to get my army forms corrected after recently having my son. The JAG said that I needed to get sole custody of the child if the father does not want to be involved. After speaking with my son's father he thinks that is a good idea. How do I go about getting sole custody of my son?What is the name of your state (only U.S. law)?

 

[stealth2]

Assuming you and Dad are not married, you theoretically have sole custody. However, the army is likely to want something on paper from the court. So... you should file to establish paternity, and then file an agreement with the court that you have sole custody. As long as the both of you agree, it shouldn't be a big deal.

 

[LadyJaye_PA]

Correct we are not married. I thought since the father was not in the picture that I was the sole guardian. The father's name is not on the birth certificate. But the JAG stated that if I should die, even leaving my son to my parents, the father would still have the right to decide to take him. Which I know he wont do but I want it on paper.

To file for this do I just go to a court house and tell them what I want to do? I have never had anything in court before.

 

[LdiJ]

Correct we are not married. I thought since the father was not in the picture that I was the sole guardian. The father's name is not on the birth certificate. But the JAG stated that if I should die, even leaving my son to my parents, the father would still have the right to decide to take him. Which I know he wont do but I want it on paper.

To file for this do I just go to a court house and tell them what I want to do? I have never had anything in court before.

That really doesn't make a lot of sense. There are situations where its not possible to identify a father, or the father is deceased. What would JAG require if that was the case? At the moment you are the only legal parent of the child since dad is not on the BC, therefore your sole custody is automatic.

JAG is incorrect that the father could decide to take the child if you should die. At the moment, the father is a legal stranger to the child and would have to first prove that he was actually the father. The father could file to establish paternity and attempt to gain custody of the child, but whether or not he would be successful depends on the circumstances at the time. He would have constitutional rights, but for example, if the child was 12 years old and had never met dad, dad's chances would be somewhat slim. If the child was still an infant dad's chances would be extremely strong.

 

[divona2000]

...the JAG stated that if I should die, even leaving my son to my parents...

It's good that you are planning ahead - how are you arraigning to do this?

 

[WittyUserName]

LadyJaye, I would encourage you to do a bit more research....I think it's good that you are thinking ahead. However, legally you can't "leave" your son to your parents. This is your child, not your couch or your car. There are a lot of what-ifs here. What if Dad (once he is legally adjudicated as Dad) wants to be involved? He may not want that now, but he will have the right to do that until this child is 18. You should be prepared for whatever possibility might arise.

 

[LadyJaye_PA]

So if I want it on paper saying I am the only guardian of my son, what are the steps I have to take?

Do I just get a lawyer and they draw up papers? My son's father wants nothing to do with him and is not supporting him. I want to know if I should pass away that my wishes in my will, will be carried out.

 

[WittyUserName]

Depends on the circumstances at the time of your death. If Dad is not involved and does not want anything to do with Junior, then likely your parents would then be considered. If Dad has, by then, become involved and expresses an interest in custody, then he is first in line as this child's other parent.

A judge may take your wishes into consideration but if there's dispute then the judge is going to make a decision based on the best interests of the child. Your last will and testament doesn't necessarily trump Dad's constitutional right to parent.

Again, I cannot overstate the need to research. This is not a quick and easy online thing, given the possibilities.

 

[Isis1]

So if I want it on paper saying I am the only guardian of my son, what are the steps I have to take?

Do I just get a lawyer and they draw up papers? My son's father wants nothing to do with him and is not supporting him. I want to know if I should pass away that my wishes in my will, will be carried out.

you cannot will children.

you can have a standby guardian.

you need to either hire an attorney...

or


go down to the courthouse, file a petition to establish paternity/custody/visitation and support with dad. then, if dad agrees to no visitation rights, you and dad can sign off on that together.

you and dad could also agree to sign off on standby guardianship to your parents if something should happen to you.

 

[WittyUserName]

Ditto what Isis said. She's the Goddess...