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Who has custody of a child if the parents have never been married?
Anonymous4 views3 answers
Father of my child broke up with me but we still live with each other because can't afford to leave each other yet. He's threatening to open a case and get full child support if I go back to where I used to live three and a half hours from where i currently live. Says its kidnapping and taking our son from him if I do. One of my questions is do we both already have joint custody of our son and is it actually kidnapping?
It sounds like your relationship with the father is ending, and although it will be best for your child if you co-parent amicably and reach an agreement, realistically, it appears that the father is threatening you with criminal charges which is far from co-parenting amicably. If you want to move away, you will greatly benefit from getting an attorney to provide you with legal advice and a game plan. Best wishes!
If you are unmarried, the father has signed an affidavit of parentage AND has never filed for custody, the Mother has initial sole legal and physical custody of the minor child. The Father must open up a family case to assert parenting time and custody rights.
The best thing to do in this situation is to try to reach an agreement so that everyone is clear what parenting time each of you will have once you separate. Although you may be able to move now, he may be able to force your child to move back. Rather than going that route, it would be easier on everyone if you can reach some agreements before any major move. I would suggest that you consult with an attorney who can advise you of your rights. An attorney may also be able to help you negotiate with him, as it seems that he is trying to dictate to you rather than negotiate with you.
