My child is three years old and her biological father doesn't attempt looking for her. Do I automatically gain full custody of my child, if her biological father isn't present? I've been a single mother for three years, he also wasn't in the picture when I was pregnant. He's aware he has a child with me, he also know's where I live. He never looks for her.
Divorce / Separation Lawyer
This is a tricky question. You do have custody of your child, but there's no document or court order saying that you have full custody of your daughter - so for example, if you want to travel out of the country, you don't have the authority to without the consent of her biological father. My recommendation would be to file a Paternity Action and have bio dad served with it. A paternity action will enable you to establish custody and child support for a child born outside the marriage. You will do your child a favor by establishing who her father is biologically and legally and you may be able to collect some child support. Now on the flip side, when you open the paternity door, you do give bio dad certain rights b/c legally its established he's the father now.
Hope that helps. Best of luck,
This is not legal advice. No attorney client relationship exists between us.
2 lawyers agree
Family Law Attorney
No, if he shows up and files a paternity action, he would likely get some visitation,
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