• 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.

how do I get full legal custody of my son?

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

wikalo

Junior Member
The name of my state is Pennsylvania.

My child 's father has disappeared and has not taken his responsablities as a father for the past 2 years. (Even then he has never realy did; in and out of jail or other issues...) We have never been married and my son bear his last name on the brith certificate. I'm taking full responsability of him by myself. Just to be secure on the legal platform, and not having to be worried about my son being taken away or anything of the sort, I want full legal custody of my son. I dont curently know where his father is and have no way to contact him. I dont want nothing from the father no money or whatever, all I desire is to have full custody of my son. How do I go about having full legal and physical custody of my son?
 


Proserpina

Senior Member
The name of my state is Pennsylvania.

My child 's father has disappeared and has not taken his responsablities as a father for the past 2 years. (Even then he has never realy did; in and out of jail or other issues...) We have never been married and my son bear his last name on the brith certificate. I'm taking full responsability of him by myself. Just to be secure on the legal platform, and not having to be worried about my son being taken away or anything of the sort, I want full legal custody of my son. I dont curently know where his father is and have no way to contact him. I dont want nothing from the father no money or whatever, all I desire is to have full custody of my son. How do I go about having full legal and physical custody of my son?
You already have sole legal and physical custody. Bear in mind that should Dad want to become involved, he'll have the right to do so.

(Assuming there are no current custody, visitation and CS orders - correct?)
 

Ohiogal

Queen Bee
The name of my state is Pennsylvania.

My child 's father has disappeared and has not taken his responsablities as a father for the past 2 years. (Even then he has never realy did; in and out of jail or other issues...) We have never been married and my son bear his last name on the brith certificate. I'm taking full responsability of him by myself. Just to be secure on the legal platform, and not having to be worried about my son being taken away or anything of the sort, I want full legal custody of my son. I dont curently know where his father is and have no way to contact him. I dont want nothing from the father no money or whatever, all I desire is to have full custody of my son. How do I go about having full legal and physical custody of my son?
Are there ANY court orders?
 

wikalo

Junior Member
How do I get full legal custody of my son?

Never been in court, no order ever given ....
But how do I make sure that the father cant come and legaly take or try to take my kid away as he pleases?
 

Artemis_ofthe_Hunt

Senior Member
Never been in court, no order ever given ....
But how do I make sure that the father cant come and legaly take or try to take my kid away as he pleases?
If you were never married, and he never signed the AOP/DOP, dad wasn't ever legally established as dad... your child doesn't legally does not have a father. You are the sole custodian. If dad wants visitation, etc, he is going to have to have himself established as dad in court and will potentially be awarded a graduated visitation schedule(introduction period typically), joint legal and be ordered to pay child support.
 

Artemis_ofthe_Hunt

Senior Member
The name of my state is Pennsylvania.

My child 's father has disappeared and has not taken his responsablities as a father for the past 2 years. (Even then he has never realy did; in and out of jail or other issues...) We have never been married and my son bear his last name on the brith certificate. I'm taking full responsability of him by myself. Just to be secure on the legal platform, and not having to be worried about my son being taken away or anything of the sort, I want full legal custody of my son. I dont curently know where his father is and have no way to contact him. I dont want nothing from the father no money or whatever, all I desire is to have full custody of my son. How do I go about having full legal and physical custody of my son?
After my last post, this caught my eye. IF 'dad' ever does step up and WANT to be a father, you're going to have to watch that... the MY child part. Your son has TWO people as the givers of DNA, and as such it is YOUR (plural) child. However my understanding is that you wouldn't have anything to worry about until several things mentioned in my post above happens.
 

Proserpina

Senior Member
Never been in court, no order ever given ....
But how do I make sure that the father cant come and legaly take or try to take my kid away as he pleases?
You can't stop him from being a father if that's what he wants to do - but he'll have to go to court to establish his rights.

Until he does, you are under no obligation to allow visitation.
 

Artemis_ofthe_Hunt

Senior Member
Adding question for the OP onto existing thread.....


The name of my state is PA

My son bear his father last name on his brith certificate. and the brith certificate contain both my signature and the his father siganture.
The father has not been arround nor taken his responsabilties as such for the past 2 years, and it does not seems like he ever will for all I know.
I have been the one taking care of the kid.
I don't know where the dad is.

I have moved on and about to get married to a great guy who has adopted my son as his and taken care of him.

I want to change my son last name back to mine.

Can I change the kid last name to mine on his birth certifiacte, how do i go about doing that?
 

Proserpina

Senior Member
Nope. You need to at least notify Dad (even if it ends up being, as a last resort after everything else was tried, by publication) before you do anything.
 

Artemis_ofthe_Hunt

Senior Member
ok LAST time~

I posted this question onto her other thread. I daresay though that we've misunderstood the situation. I believe that she is not yet married and her soon-to-be has 'adopted' (loose definition) the child, not legally mind you...
"Should I ask" , you are totaly right in your comprehension of my situation.
So wha ti f i can't get a hoold of him....Then what?
Post your question in your other thread, and close this one.
Wik, please keep it to one thread. Lock this one and move your questions onto the original post.
adding for posterities sake it seems...
 

Find the Right Lawyer for Your Legal Issue!

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