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LawHelpNow, Attorney/Lawyer
Category: Family Law
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Im a single mother in NJ. The father does not want to be

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I'm a single mother in NJ. The father does not want to be involved and we have agreed I will have custody. Do I need to file for sole custody when the baby is born, or is this a presumption? His name will not be on birth certificate.
Submitted: 5 years ago.
Category: Family Law
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks for choosing Just Answer®.

I am a licensed attorney and will be glad to try and assist you. To provide you with accurate information, could you please clarify this point:

  1. Have you decided to not seek child support?


Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible. Due to the late hour, this may be tomorrow (Tuesday) if some time elapses before you can write back. However, I will not forget about you and will be back in touch with you then.


Customer: replied 5 years ago.
I am not asking for child support, no. He has agreed not to pursue visitation, and I will therefore not pursue child support. He said he would even sign a paper waiving his rights to the child. We were planning to do this before the birth.
Customer: replied 5 years ago.
Relist: Answer came too late.
Expert:  LawHelpNow replied 5 years ago.



Thanks for writing back. I see you re-listed your post as "answer came too late". I am a bit confused as I have not even posted an answer. I was working on drafting my reply when I noted your action.


Would you still like for me to post my answer?


Thanks again!

Customer: replied 5 years ago.
Sure, yes please, thanks. Sorry, anxious...yes please post.
Expert:  LawHelpNow replied 5 years ago.
Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed attorney with family law litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information.
  2. Thank you for taking the time to write back and supply the additional information as requested, which was helpful to my analysis of your inquiry. Please allow me to say that I sincerely XXXXX XXXXX works out for you. Most especially, I send my very best regards XXXXX XXXXX health remainder of your pregnancy and a healthy baby!
  3. No problem about the posting issue. Believe me, I still get confused and I am supposed to know the system! Just to avoid any duplicate requests for payment, I submitted a note to our Moderators letting them know you had two discussion threads open on this topic. Having said all of that, here is how this works.
  4. It sounds like everything is amicable between you and this man, which is great to hear. In terms of rights, the law works like this. No one, including a Court, can or will compel (force) the man to pursue visitation, custody, or any other sort of relationship with the child. That is solely his choice. However, this does not excuse him from his child support liabilities, which is likewise solely your decision whether or not to pursue. If both of you want no further involvement, which sounds like the case, the most prudent move would be a simple voluntary termination (relinquishment) of his parental rights. This can only be done after the birth of the baby, however. It would be tempting to simply do nothing. However, this would not be advisable as experience tells us you just never know when a person will have a change of heart. I know it seems highly unlikely, and it may well never happen, but just given the outside remote chance he would some day want to show up in the life of your child, giving up his parental rights would definitely be the wisest move. In terms of custody, that would also answer the question of sole custody (legal and physical) being exclusively and solely vested in you. Even if you are unable to have the man terminate his parental rights, however, the law still assumes sole custody in your favor with no father listed on the birth certificate and you raising your child on your own. To best protect you down the road is why I recommend an actual formal termination of parental rights.
  5. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.


I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.


If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.


The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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