5 months pregnant can i get sole custody without father having visitation before baby is born

[Singlemom93]

Oregon

 

[CdwJava]

Before the child is born, there is no "visitation" as there is no child to visit.

Once the child is born, the person making any claim of paternity towards your child can file a claim in court to try and assert his rights. Until a court says he has any rights to the child, you should have nothing to concern yourself with (in so far as the father being able to assert any rights towards the child, including visitation).

 

[Taxing Matters]

If you are not married now, not married when the child is born, and you do not join with the father in executing an affidavit of paternity then you will have sole custody of the child because there will be no legally recognized father. In that case, for the father to get visitation, he would first have to establish paternity and then he could seek visitation or joint custody. Absent something indicating he would pose a real threat of harm to the child he will at least get visitation if he proves he's the father.

 

[Zigner]

In that case, for the father to get visitation, he would first have to establish paternity and then he could seek visitation or joint custody.

This can happen concurrently.

 

[LdiJ]

This can happen concurrently.

Well, it can all happen in the same cause of action, but the DNA test does have to come first.

 

[Zigner]

Well, it can all happen in the same cause of action, but the DNA test does have to come first.

Yes, I agree, but only to a point. The impression a layperson might get is that there would necessarily be an appreciable gap in the amount of time between paternity being declared and an order for custody, visitation, and/or child support being issued, but in fact the order can occur in literally the next breath. So yes, while it would happen "after", it can be, for all practical purposes, done at the "same" time.

 

[LdiJ]

Yes, I agree, but only to a point. The impression a layperson might get is that there would necessarily be an appreciable gap in the amount of time between paternity being declared and an order for custody, visitation, and/or child support being issued, but in fact the order can occur in literally the next breath. So yes, while it would happen "after", it can be, for all practical purposes, done at the "same" time.

Actually I was thinking more along the lines of the judge orders the DNA test, and then sets another hearing to find out the results. It does take at least a couple of days to get the results. (I think, it used to take weeks) I was also trying to be a little bit funny since your "concurrently" put a silly image in my mind.

 

[Taxing Matters]

Yes, I agree, but only to a point. The impression a layperson might get is that there would necessarily be an appreciable gap in the amount of time between paternity being declared and an order for custody, visitation, and/or child support being issued, but in fact the order can occur in literally the next breath. So yes, while it would happen "after", it can be, for all practical purposes, done at the "same" time.

While in theory it might all be done in the same order, my experience has been that is not how it goes, at least in the states in which I practice. Certainly the same petition/complaint could seek both the determination of paternity and custody/visitation. But the practice generally in the places I practice is for the court to first make a finding of paternity, and then only when the paternity has been established hold the hearing to determine custody/visitation and child support. After all, the judges don't want to go through the work of determining custody/visitation and child support if it turns out the putative father is really not the father after all.

 

[Singlemom93]

He is Indeed the father he knows it I know it. I want me and my child away from him he has drug problems is gone most of the time doing God only knows what Ive given chance after chance for him to change and things jus seem to be getting worse. And that's not the life I want for me or my child so I need to legally find a way to get sole custody without visitation and child support

 

[Zigner]

While in theory it might all be done in the same order, my experience has been that is not how it goes, at least in the states in which I practice. Certainly the same petition/complaint could seek both the determination of paternity and custody/visitation. But the practice generally in the places I practice is for the court to first make a finding of paternity, and then only when the paternity has been established hold the hearing to determine custody/visitation and child support. After all, the judges don't want to go through the work of determining custody/visitation and child support if it turns out the putative father is really not the father after all.

Fair enough.

I am not an attorney and do not claim to be one. In the cases that I have personal knowledge of, paternity was established concurrently.

EDIT: To be clear - I mean this to say that I defer to your knowledge on the way things usually work

 

[Zigner]

He is Indeed the father he knows it I know it. I want me and my child away from him he has drug problems is gone most of the time doing God only knows what Ive given chance after chance for him to change and things jus seem to be getting worse. And that's not the life I want for me or my child so I need to legally find a way to get sole custody without visitation and child support

Legally, he's not the father until paternity is determined. Paternity may be determined by an acknowledgement of paternity, a court order, or by being married to you (or recently divorced).

As to the rest, here's the thing...even knowing these things, you chose him to be the father of your child. He has the right to attempt to gain visitation and some sort of shared custody. You can't just cut him out because you now realize you chose poorly.

 

[t74]

He is Indeed the father he knows it I know it. I want me and my child away from him he has drug problems is gone most of the time doing God only knows what Ive given chance after chance for him to change and things jus seem to be getting worse. And that's not the life I want for me or my child so I need to legally find a way to get sole custody without visitation and child support[/QUOTE]

You knew of his "problems" yet you picked him to be the father.

The issue of child support - and paternity - may not be up to you. If you seek benefits from the state, they are likely going to want to establish paternity and go after him.

You are going to have to deal with him for a long time so you may just plan on doing it through legal actions for paternity, support and visitation sooner rather than later. You can request no support (with restrictions), and he can request no visitation. Determination of paternity is in the child's best interests since the parent-child relationship has potential long term benefits to the child.

The child has two parents and deserves to know both of them and their families as long asthere is no danger to the child.

There is another option. Both you and the father can place the child for adoption thus terminating both of your rights and responsibilities.

 

[Ohiogal]

He is Indeed the father he knows it I know it. I want me and my child away from him he has drug problems is gone most of the time doing God only knows what Ive given chance after chance for him to change and things jus seem to be getting worse. And that's not the life I want for me or my child so I need to legally find a way to get sole custody without visitation and child support

Wrong. There is no presumption that he is the father. You just think he is. And he has constitutional rights to parent the child if he is the father and is found to be so legally. Be aware that since you chose to allow him to impregnate you, if paternity is established and he wants it, he will get at the very least visitation if not some form of custody.

 

[LdiJ]

T74...you keep writing your replies within the posts you have quoted, so it looks like you posted a quote without writing a reply. You might want to stop doing that.