If a man and woman have both signed a birth certificate of a child does that grant equal custody of the child?

Asked 7 months ago - Spartanburg, SC

A woman tells me that after moving from an abusive boyfriend/child daddy, that she went to NYC with the kids. After living in NYC with the children for several months the dad got out of jail and tracked the children down. Upon tracking this down he went into there school and signed them out with a court order showing he is the father and brought them back to South Carolina with the knowledge of the mother who was the legal guardian at the time. The mother now states that she can not get her kids back without the court because the both of them signed the BIRTH CERTIFICATE. Now she is back in NYC and the kids are with the MAN who has been found guilty of domestic violence before. I thought in most cases that the child is always turned over to the mother when no marriage was involved during these situations.

Attorney answers (1)

  1. Ryan Schwartz


    Contributor Level 9


    Lawyers agree

    Answered . Just because somebody signed the birth certificate doesn't mean they are granted custody. There needs to be a custody agreement in place, either agreed upon by the parties or Court Ordered. The Courts do not favor the Mother of the Father, at least they are not supposed to. Looks like your case has complicated facts so I suggest spending the money for a consultation to get a game plan together.

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