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Lady Themis
Lady Themis, Lawyer
Category: Family Law
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Experience:  Divorce, child custody, child support, etc.
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I have a son who is paranoid schizophrenic. He has a new girlfriend

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I have a son who is paranoid schizophrenic. He has a new girlfriend who is being a big problem. She has sent me a letter telling me that I am not to contact either one of them by any means. It is typed on plain paper, not a legal document. I have no problem with giving them this wish. However, his girlfriend is trying to get custody of his 9 month old daughter from the baby's mother. The baby's mother, who I am close with and have a very good relationship with, is a wonderful mother, and is providing quite well for the child. My son has denied being the father of this beautiful baby from day one and has only recently changed that since having this new girlfriend. My son and his girlfriend live on disability and they live in a room above a bar, but are trying to find an apartment. My son's name is XXXXX XXXXX on the birth certificate. What are their chances of them taking this child? We are devastated by this possibility. Please help us.
Submitted: 5 years ago.
Category: Family Law
Expert:  Lady Themis replied 5 years ago.

Thank you for your question.

 

The girlfriend has no standing to bring a custody action regarding the child, because she is not related to the child in any way. Only your son can bring a custody action, and if he was never married to the mother and they did not sign an acknowledgment of paternity at birth, he is not presumed to be the father. He must first establish paternity through genetic testing. Only that can he request custody rights.

 

It is not likely that he will gain sole custody unless there are serious problems with the mother that would put the child in jeopardy. He may be able to obtain visitation rights. The court will look to what is in the best interest of the child. If the court determines, as it often does, that it is in the best interest of the child to have a relationship with the father, it may order visitation rights for him. If the mother is concerned for the child's safety due to his mental disability, she may request that visitation is supervised.

 

 

Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience: Divorce, child custody, child support, etc.
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