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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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Hi, My 37 year old son had a girlfriend and they decided

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My 37 year old son had a girlfriend and they decided to have a baby. Once the baby was born my son asked the girl to marry him but she refused. They were living together in her apartment at the time. After the baby was about a year old she started looking for a new boyfriend and found one and kicked my son out of her apartment and has kept the baby and let the new boyfriend move into her apartment with my grandson. They now are moving to a house that the new boyfriend is going to rent. My son has no legal custody of this child and we see the baby only when she says so. We are in shock as how can she do this and get away with it? I would think my son has legal rights to at least 50% custody of this child as he was the one that wanted to keep the family together and take car of him.
Thank you for your question.

Technically, the legal parents of a child do have custodial rights to that child. However, when the parents separate and are unable to come to an agreement regarding custody and visitation, it is very often necessary for the parent seeking custodial rights to have to go to court for an order that can be enforced.

The sooner the better when considering filing for custody. In making its custody determination, the court can consider which parent has been the primary caretaker historically, and the longer the mother continues to be that person, the harder it may be for your son to get the court order he is looking for.

NOTICE: It is my goal to answer the question you have posted to your satisfaction. Please reply for follow-up information or clarification. I am not compensated for my time in any fashion unless you RATE MY SERVICE. Thank you.

Lady Themis and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your response but that does not answer my question completely. My son tried to keep things going and get married which is what should be done when you have a child. He has been caring for this baby along with her equally because they both have been having a very spotty job history since the baby was born. They have cared for him equally and still do since she kicked him out as my son has him about 3 or 4 days per week because she is busy running around with her new boyfriend My son would be looking for at least 50% custody so do you knowif that is ever granted to the father in these circumstances or does the mother always get more % of custody?

There is no presumption that the mother should be granted more custodial rights than the father, and it is very possible that your son would be awarded 50% custodial rights by a court. It is quite common nowadays for custody to be split 50/50 between the parents.

Customer: replied 4 years ago.

Thank you again for your response If we can talk to the mother and both parties can come to some type of agreement then can the parties take that to court and get a court order without the expense of having to hire attorneys to battle it out. I guess what I am asking if both parties can agree to the custody % then can we get it done without hiring attorneys?

Yes, you can certainly come to an agreement that can be entered as a court order. That is actually ideal, if you can manage it. In that case, either party can file for custody as an uncontested matter, and the agreement can be entered on the date of the hearing.

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