What is the likely hood of unwed father getting custody of my newborn, we live in different states.

Asked over 1 year ago - Saint Louis, MO

together for 3 years and found out I was pregnant he bailed. I tried to contact him at his residence and he had me arrested for trespassing. He has signed a statement stating he has no interest in the child, he will pay child support and to leave him alone. I tried to contact him by legal mediation and he refuses . Baby is now born and he still doesn't care. I do not work currently but I do have a career. I had to leave the state where father resides and my career to live with my mom for help because I had complicated pregnancy. I have no criminal past except the trespass and I am a good mother. should I act now here at the state I am at currently and do you think he can gain any custody being he has shown no interest.

Attorney answers (2)

  1. Catherine Earnshaw-Hobbs

    Contributor Level 7


    Lawyer agrees

    Answered . In order to establish paternity of a child born out of wedlock, you need to file a paternity action. That action can be used to set up child support and custody as well as have the court make a formal determination of your child's paternity. If there is a dispute about where the child should primarily reside, the court will look to determine who has been taking care of the child and how good a job they have been doing to help the court in deciding on the best interests of the child.

    Answers given here are for general information only and do not create Ana attorney client relationship. The... more
  2. Jay Bodzin

    Contributor Level 20

    Answered . Well, if he doesn't want the child, then the chances are really very small indeed that he'll get it. The only exception would be if your rights were terminated, which would require a pretty extraordinary reason.

    You should consult with an attorney who practices in your state, if you become involved in a court case. Until then, you'd only need to take legal action if you want to set up a child support order or some specific parenting schedule - the latter of which will be difficult, if the other parent is in another state and doesn't care anyway.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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