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How can I get full custody of my 3 week old? Can I file for temporary full custody?

Memphis, TN |

My child has been living with me since day one. The mother has stayed there but resides with her sister. I have provided 100% financial support for my child. She has threatened to leave the state with the baby.She has no job no car no income and no stable place to live. She has 2 other kids by 2 different men ages 3 and 2. I want to get full custody of my child and avoid her taking the child out of state. I reside in the home with my parents and I am legally still married to someone else. Would those things make a difference in my case. I have also supported her through out this entire pregnancy to make sure the baby was cared for. I have taken the baby to all doctors appointments. She has not contributed in anyway to the care of the baby. Only my family and I.

Attorney Answers 2


  1. ouch, you had a great case up until you said you were legally married to someone else. If you planning on getting divorced, do that asap then work with the court on the othere issues, take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. You can certainly file a petition to establish paternity and for custody of the child. You will likely want to have a DNA test as well.. You'll want to let the court know that you currently have possession of the child and that you have since day 1. If you do not take court action, the biological mother of the child can take the child back from you at any time. You will want to consult with a good family law attorney in your area to make sure you take the appropriate steps and request the appropriate relief.

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