QUESTION
What rights do I have if my girlfriend wants to take custody of our children?
Asked on Jun 27th, 2011 on Child Custody - Ohio
More details to this question:
I was with my girlfriend for 9 years. She has never worked, I always did and still do. She left me for our roommate who has never had a job either. They have no place to go and she wants to take our kids. What rights do I have in keeping them? They live with me now and she wants to take them to her moms to live.
14 ANSWERS
Administrative-Regulator Attorney serving Seattle, WA
at
Law Offices of Karen A. Clark
Update Your Profile
Regardless of the status of the relationship with your girlfriend, you want to make sure that your children are safe and provided for. I would suggest making an appointment to speak to an attorney as soon as possible. You want to discuss filing for either a temporary custody order or permanent custody order.
Answered on Aug 18th, 2011 at 8:03 PM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
You can obtain a court order preventing her from taking the children from their home until the court has a chance to decide the custody issue. That could take several months, and in the meantime, the children will be living with you.
Answered on Jul 05th, 2011 at 11:52 AM
4 Awards
You have the same rights as a father as she has as a mother, provided that you have formally declared the children to be yours. In Louisiana this requires a formal act of acknowledgement of paternity, which is a document that must be executed before a notary and two witnesses, or a judgment of paternity from a court. You should see an attorney and file for custody if you wish to remain as the person with whom the children will primarily live.
Answered on Jul 01st, 2011 at 4:32 PM
3 Awards
You can start a third party custody action.
Answered on Jul 01st, 2011 at 10:12 AM
If the children were born out of wedlock and you have not legitimized them through the Courts, you technically have no legal rights. You will need to file a legitimation action, and, in that action, you can seek primary physical custody.
Answered on Jun 30th, 2011 at 12:01 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Since you are not married and, apparently, there has never been any court order granting you any specific rights, the simple answer is that you don't have any rights yet and the mother can do whatever she chooses until a court says otherwise. You need to file a court proceeding to have both parents' rights specified in a suitable court order that allocates parental responsibilities, decision-making authority, and the time the children spend with each parent. If you and the mother cannot agree, the Court will make decisions on a suitable parenting plan based on the best interests of the children. Those best interests are, generally, not related to whether or not a parent has a job.
Answered on Jun 30th, 2011 at 9:14 AM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
Until you get court orders you have the same rights she has to the children.
Answered on Jun 29th, 2011 at 2:40 PM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
You need to file a paternity action in order to establish your legal rights to the children, as well as determine (either by agreement or through a Judge) who will have what parental responsibility for the children and how the time with the children will be shared. You should consult with an experienced family law attorney as soon as possible in order to assist you with the process and discuss your potential rights and options. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available.
Answered on Jun 29th, 2011 at 2:04 PM
First, I am going to assume you are in the State of Washington, where I'm at. This is because other states have other laws on this subject. Second, I am going to assume that you and your girlfriend were never married to each other. Was paternity ever legally established for these children? If it was not, then, until a court rules on the issue, you may not have much, if any rights. If paternity was established, then, until there is a parenting plan entered, you and the mother are going to have more or less equal rights. Regardless, it sounds to me like you need to get into court at your earliest opportunity and at least establish a parenting plan. You may also have to establish paternity. You will probably need an attorney for both of these.
Answered on Jun 29th, 2011 at 1:44 PM
William Guy Pontrello
Florida is a shared responsibility state. both parents have equal rights.
Answered on Jun 29th, 2011 at 11:30 AM
Family Attorney serving Seattle, WA
at
Seattle Divorce Services
Update Your Profile
Under Washington law it is up to the court to decide the residential schedule for the children. If the children are living with you now, then you may want to file an action with the court to obtain a court order keeping their primary residence with you.
Answered on Jun 29th, 2011 at 10:53 AM
Patricia C. Van Haren
You should immediately file a Petition for Custody and Visitation and request that the court award you primary physical custody or at least joint custody. Right now there are no custody orders in place which means that each of you has an equal right to custody. Another option is to work out a custody agreement with your girlfriend where you both share custody of the children.
Answered on Jun 29th, 2011 at 10:53 AM
Glen Edward Ashman
The answer depends on what state you are in, and you failed to state that vital fact. In many states you have no rights to the child at all unless you go to court and legitimate the child and seek custody rights. See a lawyer.
Answered on Jun 29th, 2011 at 10:19 AM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
You need to consult with a domestic relations attorney in a hurry, In many states including Ohio, the unmarried father has no rights to visitation or custody of his children absent an order of the court. You may yet get that order, but you need legal assistance now.
Answered on Jun 29th, 2011 at 9:25 AM