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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Sole and/or full child custody without visitation rights

Resolved Question:

Sole and/or full child custody without visitation rights?
Submitted: 7 years ago.
Category: Family Law
Expert:  Ellen replied 7 years ago.
what is your question please
Customer: replied 7 years ago.
My girlfriend got pregnant and had a baby with some guy. She informed him that she was pregnant in the past, but he did not want anything to do with her and/or the baby at the time. Now, 8 months later after the child is born, he now wants to be a part of the baby's life. Is it possible for her to gain full custody of the baby and also prevent the father from having any contact and/or visitation rights? We would like to raise the baby ourselves without the father ever being in the picture now or ever.
Expert:  Ellen replied 7 years ago.

Thank you for your question. I am happy to assist you.

Absent the establishment of paternity, an unmarried father has no parental rights as he is not legally recognized as the father.

When a child's parents are unmarried the mother has sole custody unless the father takes some action to establish his paternity. If no paternity is established, the father has no rights to see the child.

Once paternity is established, both the father and the mother will have equal rights to custody of the child.
Customer: replied 7 years ago.
So basically, since the father has already established paternity, then the mother is unable to pursue a custody battle in which she will not be able to ask for full custody and eliminate the father out of the baby's life completely? We would like to raise this child ourselves without the father ever having to be in the equation. Can this be done???
Expert:  Ellen replied 7 years ago.
It is possible but it is very unlikely. child custody matters are determined by what the Court divines to be the best interests of the child. Typically the court will determine that it is in the best interest of the child to have a relationship with both parents.
Customer: replied 7 years ago.
Last question. I apologize for wasting your time. The father lives on the east coast and the mother lives on the west coast. If the mother and myself can provide the parenting factors in order to meet the childs best interests, is there a way to obtain our desired results and eliminate the father out of the equation completely? Is there a way? Thanks.
Expert:  Ellen replied 7 years ago.
the only way would be if the would consent to a stepparent adoption by you in lieu of having to pay child support
Ellen and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you for your time.
Expert:  Ellen replied 7 years ago.
thank you and best wishes to you