Legal Custody


#1

Unless there is a court order or agreement in place, each party has the right to take the child and potentially keep them from the other parent. It sounds like your daughter and her child’s father and worked out an arrangement and may just need to put it in writing. Court is not necessary in many cases.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

My daughter recently left her boyfriend of 3 years. They had a child in this relationship. He had a child from his previous marriage, which he lost his parental rights of in December, and still owes back child support.

My daughter has tried to maintain a relationship by driving their child 3 hours 1 way every other weekend and allowing the child to stay with him for 1 week.

Everyone keeps telling her to file for “custody”. They were never married, so I am confused by this. When she left, she took her child, is that not having “full custody”? If not, what, where and how does she file?