Monday, May 10, 2010

How can you get joint custody of a child without being married?

I'm considered Non Custodial but me and my fiance plan to wed . Wonder if we didn't plan to wed but agree to stay together can we have joint custody. if not Can that be legalized?How can you get joint custody of a child without being married?
Depending on the state you live in you can mutually go to court and ask for joint custody. Or if it wont be mutal or if you feel there will be some sort of problem you can file to seek joint custody even if you are unmarried. I am a single parent and I filed for sole custody of my daughter. These are several things that you can do to help insure that you can always keep in touch with your child. But if you still arent sure or dont think you'll get your answer here most law schools have a number that you can call so that you can ask legal questions. so that is always an option as well.How can you get joint custody of a child without being married?
Do you live together? If you do, you will already have joint custody. You are the father, which gives you the right to have custody of your children. If you break up, then the problems come. If you two agree on joint custody, there really shouldn't be any problems, just paper work. If one of you does not want the other to have joint custody, then you will need to file for joint custody at the Family Courts. One of my co-workers is going through the whole custody thing, and it's been going on for a year now. You better hope your fiance and you agree on custody.
You don't have to be married or even together for that matter to have joint custody... as long as you have had a paternity test and you are the father you just have to file for custody.. and if she is willing to let you it is a VERY EASY process.. but if she doesn't want to share custody.. that is when things get tricky.. but either way all you need to do is file for joint custody at the Family Courts in your city.
If she puts your name on the birth cert. you both have joint custody of any and all children. If you get divorced the courts will pick a custodial parent... the parent the child lives with. If you marry or not if your name is on the birth cert under father you have joint custody until a judge says otherwise.
You can have joint custody even if you weren't married. I believe that one parent still has to have physical custody of the child, but both parents have equal rights to the child like school records, doctors, if child can leave the state.
If you arn't together and do not have a custody order than you are in trouble. It doesn't matter if you are married or not, usually custody orders are only necessary when parents are not married. You go to court and they issue you joint custody, or physical or whatever is decided. You don't need a custody order if you are married. As long as you are on the birth certificate and you have a pre-set agreed upon custody decision, it is just as simple as filing the paperwork, you don't even need to go in front of a judge as long as you both agree. You just pay an attorney a couple hundred dollars to draw up the paper work and file it. I had to do this with my two older children and their father before he gave up his rights and my current husband adopted them.
In some states, you would need to go to court and have yourself legally established as the child's father even if your name is on the birth certificate. Once this is done, if you were to split with the child's mother, you could ask for joint custody. I would suggest contacting an attorney in your area to see what the state laws are.

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