Question About Simple Child Custody
I have a question about simple child custody. What can I do to to get full physical and legal custody of my 2 years son? Being that the father is illegal, what are the steps I have to take?
In order to have custody awarded to you, you need to file a Petition for Paternity if you are not married or a Petition for Divorce if you are married. This petition is necessary for the court to have jurisdiction. There are online forms that you can use to do this. You could also hire an attorney to help you. Even if the father is illegal, he has parental rights until they are terminated by the court. However, you can get custody without terminating the father’s rights. Most cases do not terminate the rights of the other parent. Rather the court awards parent time to the noncustodial parent as well. The noncustodial parent will also have support obligations. The court will look at the current arrangement of who is taking care of your son and a variety of other factors to determine whether it would be in your son’s best interest to award you full custody.