How can my unwed daughter get full custody of her son?
Both her & the dad's name are on the birth certificed, which makes them equal when it comes to the baby by NC law. The dad does not have a job & still lives at home with his mother. My daughter is 21, has a job & has a home for her & her son. Right now he gets the baby every Tuesday 6-9 & Thursday at 6pm to Saturday as 6pm. This started when he was 7 months old, he is 1 years old now. The dad always leaves the child with his mother while he goes out & parties. Now he is trying to get more time with the baby just to hurt my daughter for not getting back with him. He is abusive with his mouth & has pushed her around before. I know if we could prove he does drugs we might would have a better chance at getting full custody. The law really doesn't help children anymore. It really doesn't seem that it matters that she is a better guardian for their son. Her lawyer told her if they go to court the dad would get more rights then what he has right now. How can this be?
Answers & Comments
Verified answer
Most courts do favor the mother.
I'd suggest talking to a different attorney.
If the attorney general in your state has a child support division, she should start a case with them expressing her concerns as a custodial parent.
If it can be documented/witnessed that he's known to leave the baby with her during his visitation time so he can go out and "party", that should definitely be addressed. He has no reason to be asking for more time if he doesn't use the time already given to him wisely:)
She could also request that the court order a drug test for him. I've never heard of anyone being turned down when requesting one if there is legitimate reason to be concerned.
That's crazy.
All I have to do is request that my son's father be drug tested before each visit and the courts would agree. I've been told that by my son's lawyer.
Get a better lawyer. The one she's got is full of crap.
Have her keep a journal. Write down everything she can think of. Is he abusive? Verbally, emotionally, physically. Does he abuse alcohol or drugs? Does he pay child support. She needs to show the family court judge that she is the responsible parent & that he is only seeking more parenting time to hurt the mother.
Get a better lawyer, if you can prove by court recomended drug test that he is on drugs, he would most likely get all visitation taken away, and she would get full sole custody.
i think that they have to be married for him to get any legal rights to their son, doesnt matter if the name is on the birth cert. or not, they were not married,
she gets to decide if he gets to see him unless it goes to court, and most likely he wont get custody, because its hard to take a chilkd from its mother