I was never married to my ex-boyfriend. Do I have legal custody of my son?
Me and my ex have been separated since November of 2008, but we still lived together up til march of 2009. I tried to make our relationship work, because I was thinking what's best for my two year old son. My from January to August, he lied about a lot of things of which I came to find out. I kept my son away from him for 2 months now, hes moved on with another girl and he will be expecting another child. We tried to work it out, but at the same time, he started messing around with his new gf since January, when we were still there at his place. I want full custody of my son, and I want visitation rights to be up to me. Is this possible? I will file for child support even though he is giving my son $200 every 2 weeks. I know he may file for visitation rights, but is he able to file for joint custody if we were never married? I do not want joint custody. Please help.
- LynnLv 51 decade agoFavorite Answer
Yes, he can file for joint custody even if you were never married. Even if you do get physical custody, it's very unlikely a court would leave visitation solely at your discretion.
You should really see a lawyer, and soon.
- myd00dlebugLv 51 decade ago
Stop being so controlling. A judge is not going to like it if you have been playing like this. Visitation rights will not be left up to you, the judge will decide what is in the child's best interest. He doesn't seem like a bad dad and it seems like you are just angry about the relationship dissolving. He is absolutely able to file for joint custody. You may get primary physical but it will probably be joint legal and dad will possibly get standard visitation: every other weekend and 2 weeks in the summer. Those $200 he gives you every week will be considered a gift in the eyes of the court, so you can still file for child support but you may or may not get that much depending on what he makes.
- 1 decade ago
If he is already giving money,then you should be grateful and give him a break!dont sound like a dead beat dad to me!And dont even think that visitation should be up to you.your child is not a pawn!and "YES" he can file for joint custody,and it sounds like he should!Your child needs a mother and a father!your child should not have to suffer for yours and his falling out!teach your child how people should treat eachother.your life isnt about you any more,Your life belongs to your child now.Your every action will be teaching your child,So what do you do.Figure it out!Good luck! P.S.you both have custody at this time until a parenting plan is in effect.You should both sit down and agree on a parenting plan that feels fair for both of you.REmember,your child is NOT a pawn!!!!
- 1 decade ago
Right now you have sole / legal custody automatically because he lives with you , The father of your son in the eyes of the law has as much right as you do to your child. When he goes and files a motion for visitation you will have a chance to respond to whatever he is asking for , you will beable to tell the courts what you want the visitation to be. it will all depend on who you get as a judge. unless your ex is a drug addict ,who has abused your son he will get visitation and he will probably get whatever visitation schedule the courts use , they might take your schedule into consideration but i can tell you right now it will not be what you want completly. for example I am not with my childrens father mind you he is a sex offender , he got everyother weekend , one day during the week for two hours and certain holidays , when we went to court i asked for supervised visitation in my home because he had just gotten out of jail after a three mth stay , it was granted but he only had to do the supervised in my home for 4 weeks then he was allowed to pick them up and take them to his house even though i asked for no overnight stays he still got it! the father has to do something extremely bad like physically abuse the child or something like that for the courts to not allow the visitation (my ex is a sex offender charged with no penetration with adult) they never had sex . the courts frown upon the parent for not allowing visitation without extremely good reason. I missed my sons 1st birthday because of the schedule (his b-day fell on my ex's weekend) I didnt even get to see him and when he first started to pick them up my daughter screamed everytime she hated going broke my heart but i couldnt let her stay home or i would have went to jail , now they love going and get very excited when he comes to pick them up (daughter is 2 1/2 and son is 16 mths ) it was a very hard transition but we are getting used to it . children really do need their father in their lives as long as he is fit to take care of them. dont let your anger towards him get in the way of your son having a relationship with his father as hard as it will be. good luck with everythingSource(s): been through this oh and it wont matter if he is paying or not he will still get visitation