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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My childs father is taking me to court for coustody of our

Resolved Question:

My childs father is taking me to court for coustody of our six year old. Would the courts give him coustody just because he is the one that filed even if there is no reason for the child to be removed from my home? If not would coustody be established automaticly for me or do I have to file as well?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.

WebLaw :

*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.*

WebLaw :



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.

WebLaw :

It is typically considered to be in the child's best interest to have some type of visitation with both parents

WebLaw :


Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.

Customer:

But will I have to file for coustody myself to have it established or will it automaticly be taken care of at the hearing?

WebLaw :

Do you have a current custody order? Were you married to the father? Please remember I only know the details that you tell me

Customer:

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.

WebLaw :

Custody will be determined at the hearing. You will need to file a responsive pleading requesting that the court awarded you custody.

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