I have a nine month old daughter. Her father and I have not been together in months and now he is in prison for the next 7 to 10 years. I want full custody of her as soon as possible to avoid having to deal with it/ him when she is older. I called a lawyer and he told me that it was a waste of my money to do it now...but didn't really explain why except for something to do with him getting visitation when he gets out. I don't want him to have visitation, Im not asking him for any child support. I just want sole legal and physical custody and her last name to be the same as mine. What should I do?
Personal Injury Lawyer
In general, a court is much more likely to order you primary custody, with limited visitation rights to the other parent.
In order for you to get sole custody, you would have to demonstrate to the court that the father poses an imminent danger to the infant, and that it is not in the best interests of the child to see the parent.
Juvenile Law Attorney
You haven't stated whether you were ever married or whether there is any judgment or order already in place regarding custody, support, visitation or paternity. These factors can make a difference in whether you actually need to do anything or just wait for the father to try to claim his rights at some time in the future.
It sounds like you might want to sit face to face with another attorney if these things have not already been discussed. Good luck.