Can my boyfriend get his son without going to court? - Child Custody Law Questions and Answers- LawQA.com

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Can my boyfriend get his son without going to court?

My boyfriend has a child with a girl who is in jail. They have no court order regarding custodial rights. She left the child with her mother and now my boyfriend, who is the father, is not on the birth certificate. He recently had a paternity test confirming that the child is his. My boyfriend wants to get his son. Can he do that without having to pay for an attorney and take it all to court?

Answer By Laura A. Walker

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He needs to hire an attorney, file for paternity, and custody after paternity has been established.

Answer Applies to: Wisconsin
Replied: 1/19/2012

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Your BF has a superior right to possession over Grandma. However, Grandma has the child. If she hands the child over - great, possession is what counts. If however, Grandma refuses, then the Sheriff can be called but expect the deputy to say this is domestic and not his/her concern, go to court. If you get a Deputy that takes a position, your BF should be given the child. But that would be the exception, not the rule. The simple resolution for the Sheriff's office is to stay out of the dispute unless it gets violent or someone breaches the peace in which case they arrest the aggressor which certainly will not help your BF. He needs to get his son but to do so will require a lawyer (unless Grandma agrees - what do you think, will she?). If Grandma will not agree, go to court and do it while Mom is in jail or at least start it while she is in jail, she most likely cannot pay for a defense lawyer and a custody lawyer. The proper procedure is file a Suit to Establish Paternity and get custody orders.

Answer Applies to: Texas
Replied: 1/19/2012

Answer By Lynda Leblanc
Law Office of Lynda H. LeBlanc
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Your boyfriend will have to go to court to establish paternity. He may represent himself if he chooses. However, depending on his past involvement with the child and the age of the child he may have a hard fight on his hands if grandma fights for custody. Either way, he wants to get an emergency petition for temporary custody on file as soon as possible before the mother gets out of jail.

Answer Applies to: Indiana
Replied: 1/19/2012


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Your boyfriend needs to legitimate the child by filing a legitimation action in the county where the mother is incarcerated. The legitimation action will be a way for him to obtain legal custodial rights with the child. Your boyfriend should consult an attorney about filing this case in Superior Court.

Answer Applies to: Georgia
Replied: 1/19/2012

Meriwether & Tharp LLC
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Until he goes to Court and legitimates his son, he has no legal or custodial rights. He has to obtain a Legitimization Order before he can do anything legally.

Answer Applies to: Georgia
Replied: 1/19/2012


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He will still have to go to court to establish paternity and receive a custody order.

Answer Applies to: California
Replied: 1/19/2012

The Law Offices of Robert W. Bellamy
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He will need to go to court. A guardian will be appointed by the court to represent the child. The court will look at what is best for the child. If he attempts to do it without the aid of the court he could end up in jail himself and hurt any chance of getting custody. He should get a lawyer.

Answer Applies to: Alabama
Replied: 1/18/2012

Answer By Jill Rose Quinn

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No.

Answer Applies to: Illinois
Replied: 1/18/2012

Answer By Jody A. Miller
Law Office Of Jody A. Miller
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No, he has no rights to the child unless he files a legitimation and custody action in court.

Answer Applies to: Georgia
Replied: 1/18/2012

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