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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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I am a single mother resising in new jersey. His father and ...

Customer Question

I am a single mother resising in new jersey. His father and I were never married. Neither of us have custody of him but he resides with me and has always resided with me. We did not go to the courts to file child support or custody because we have an aggreement on finances and such. Do I need to file for Residential custody?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
You would only need to file for residential custody if you want a court order establishing child support and child custody. Right now as there are no court orders in place, there is nothing that you can legally enforce. With court orders in place you can seek the court's help or the help of the child support enforcement agency to collect child support. In addition, if he where to remove the child from your custody, you would not be able to enforce your custodial rights without a court order.

In general, in an unmarried situation the mother is considered to have sole legal custody until such time as the father has established paternity and obtains a court order for visitation. So if paternity has not been established here, you have legal custodial rights over your child. But if he has established paternity (either through court order or by signing the voluntarily acknowledgment of paternity) then he is not restricted by law in removing the child from your custody.

The choice is yours on how you wish to proceed.


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Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer: replied 9 years ago.
Reply toCustomers Post: Quick question by "acknowledgment of paternity" are you referring to our son's birth certificate would that count?
Expert:  Attorney & Mediator replied 9 years ago.
The acknowledgment of paternity is a separate form where you and him sign before they add his name onto the birth certificate. In an unmarried situation, they will not add the father's name to the birth certificate until this form is signed or the court declares him the father through a paternity petition.

So if his name appears on the birth certificate then it appears this form was signed.

The vital records office where your child's birth certificate is held should have a record of this form.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.