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Young mother...needs advice....

 
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confusedinme



Joined: 02 Apr 2009
Posts: 1
State or Province: Maine

PostPosted: Thu Apr 02, 2009 10:48 pm    Post subject: Young mother...needs advice.... Reply with quote

hello, i'm curious how certain legal issues work regarding child custody.....

#1 can a mother be forced to share 50/50 custody? how do i make sure i'll have legal and full/primary custody? I want my young children to have stability and not be passed back and forth.

#2 if a father is absent through pregnancy and first 4 years of life....by his own choice (said to abort the baby and never contact him again) then shows up at your door when the baby is 4 years old does he have rights to the child?

#3 if we are unmarried but living together, he's name is not on BC for either child....am i able to leave the residence legally with the children at any time? he thinks that if i were to leave the house with the kids at any time without his blessing that he could get me in trouble.

i live in maine....any and all information regarding custody and my rights as well as his would be greatly appreciated. I don't want to get anyone involved at this point...we are together he just has said some threatening things to me lately and has been drinking way too much and getting out of hand so i want to know my rights before i proceed with anything.thank you.

#4 [/i]
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Fri Apr 03, 2009 10:53 am    Post subject: Reply with quote

If his name is on the birthcertificate, he has just as many rights as you do...

If it isn't, he would need to sue you in court to prove paternity... if it is proven that he is the father, the courts will order the BC changed to reflect that and his name will then appear on the BC and he will have just as many rights as you do...

What happened during the pregnancy will not go against a father as the legal standing in the federal courts is that there was no child there to support until birth.

Yes, a mother can be forced to share 50/50 custody by the courts with the father of the children. But most custody's will be closer to 80/20 ... (every other weekend, 2 non consecutive weeks of vacation and shared holidays)

If his name isn't on the birth certificate you can leave with the children since he would need to establish paternity through the courts. Even if his name is on the BC, you can move out with the kids as long as you don't leave the state with them.

I would contact a family law attorney in your state and have a consultation with him and ask all your questions since all states have slightly different guidelines.
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