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If my son's father is not involve in my son's life do I need to go to go to court to obtain full custody?

Concord, CA |

My son's father is no in my son's life so I was wondering if I automatically have full custody of him or do I need to go to court? If I do get child support from his dad what rights would he have?

Attorney Answers 2

  1. You do not "automatically" have full custody of him without a court order. With regard to child support, I am including links below which will explain how to file for child support, as well as other relevant information. Good luck.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

  2. If you do not have an Order or Judgment for custody of your son, in theory, you and the father have equal rights. I'm certain you don't want father to show up some day and decide he is taking physical custody of your son. You need the Judge to make the decision and have an enforceable Court Order that can be shown to the police if needed. The issue of child support and child custody/visitation is really one of apples and oranges. In fact, it really works the opposite the way most people think it would; what I mean by that is the less time Dad spends with child, the more child support he pays. At zero visitation, he pays the absolute maximum amount depended upon his monthly income. In the best interest of your child, when you obtain custody of your son, also obtain an Order for child support and one half of any daycare cost if it is necessary for you to go to school or work. This is in your son's best interest and you will be better able to provide for him.

    I hope this is helpful.

    John N. Kitta

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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