Family Law Questions? Ask a Family Lawyer Online.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*
So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.The court will not give the father custody simply because he filed first. All matters involving children are determined according to what the court divines to be the best interest of the child.
It is typically considered to be in the child's best interest to have some type of visitation with both parents
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But will I have to file for coustody myself to have it established or will it automaticly be taken care of at the hearing?
Do you have a current custody order? Were you married to the father? Please remember I only know the details that you tell me
No we were never married and custody was never an issue before. I have court ordered custody of our older three children that he only wants visitation of.
Custody will be determined at the hearing. You will need to file a responsive pleading requesting that the court awarded you custody.