can't afford a lawyer?

[momshummingbird]

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

I have a daughter 7 and neither I nor her father have custody. I can't afford a lawyer, and legal aid won't help me. What do I do? I have had her since she was born. Can I do this myself by purchasing the legal forms? The father is paying child support irregularly. Will I be able to file these forms in a court system? The father has nothing to do with her. I want legal custody of her and need to know what steps to take next.

Thank-You

 

[CJane]

Has the father been legally declared to be the father?

Is there an order in place for child support?

Why do you suddenly (after 7 years) feel the need to establish custody if he has "nothing to do with her"?

 

[ecmst12]

If there is no court order, you have sole custody.

 

[LdiJ]

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

I have a daughter 7 and neither I nor her father have custody. I can't afford a lawyer, and legal aid won't help me. What do I do? I have had her since she was born. Can I do this myself by purchasing the legal forms? The father is paying child support irregularly. Will I be able to file these forms in a court system? The father has nothing to do with her. I want legal custody of her and need to know what steps to take next.

Thank-You

You already have legal custody of her, on a defacto basis as an unwed mother. (at least I am assuming that you are an unwed mother).

What makes you feel that you need a court order to formalize that? I am not suggesting that court orders aren't a good thing, I am just wondering why you feel its necessary now.

 

[acmb05]

You already have legal custody of her, on a defacto basis as an unwed mother. (at least I am assuming that you are an unwed mother).

What makes you feel that you need a court order to formalize that? I am not suggesting that court orders aren't a good thing, I am just wondering why you feel its necessary now.

Especially after 7 years.

 

[Karis]

I have a daughter 7 and neither I nor her father have custody.

Thank-You

Forgive me for intruding, but it seems like she doesn't have custody.


Thanks,
Karis

 

[LdiJ]

Forgive me for intruding, but it seems like she doesn't have custody.


Thanks,
Karis

No, she just thinks that she doesn't have custody. A mother always has custody if there are no court orders and its an unwed situation, and both parents have custody if they were married. (in a couple of states both parents could even have custody in an unwed situation as long as paternity has been legally established).

 

[mistoffolees]

You already have legal custody of her, on a defacto basis as an unwed mother. (at least I am assuming that you are an unwed mother).

That's the way it sounds.

If, OTOH, they were married, then the father has rights, too. OR, he has the ability to prove paternity and gain rights. Even in those cases, though, it is extremely unlikely that he would get primary physical custody - or even 50:50 physical custody. She would have to do the proper things in court but would almost certainly retain primary physical custody. He would gain the right to visitation, though.

What makes you feel that you need a court order to formalize that? I am not suggesting that court orders aren't a good thing, I am just wondering why you feel its necessary now.

I'm guessing it has to do with the fact that he's paying child support only irregularly and she would like it to be more regular.