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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11764
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I want to know if I as a civilian can have sole custody of

Customer Question

I want to know if I as a civilian can have sole custody of my son once he is born. His father is from another state currently on active duty in California, where I reside and wants joint custody. He will not be with me during my pregnancy but wants joint custody after he is born. I have always filed as a single mother in everything involving my maternity up to this point. What are my best hopes for sole custody of my child?
JA: Have you talked to anyone in the chain of command about this?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Family Law
Expert:  Olivia Kent replied 10 months ago.

Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking. Your question requires a little bit of clarification... if you are asking for sole LEGAL custody, that would be unusual to obtain unless for some reason the court determines that only one parent should have decision making authority for the child. As far as sole PHYSICAL custody, that's much less unusual, particularly when the parents live in separate states.

Customer: replied 10 months ago.
We are unmarried, and we recently split as he was cheating. He put me in a debit card joint account to help me with my pregnancy for the past 3 months (which I used only once) but said he will not have any more funds available to me anymore. Yes I am seeking sole physical custody and joint legal custody. He wants both legal and physical joint custody. I am concerned that him being a military member, he will have more benefits in this case and also argue that he has been providing funds throughout my pregnancy to obtain it.
Customer: replied 10 months ago.
He will not be able to be at the hospital when the baby is born as he will be transferred to another state soon. Will having my newborn certified with my last name only help me?
Expert:  Olivia Kent replied 10 months ago.

The last name of the child plays no role in how custody - physical or legal - will be decided. What is used to determine it is what would be in the best interests of the child.

Expert:  Olivia Kent replied 10 months ago.

So, for example, if dad is travelling overseas or isn't reachable for extended periods of time and/or isn't really able to spend time with the child, joint physical custody (and sometimes even joint legal custody) isn't reasonable.