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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 5291
Experience:  Licensed to practice before state and federal court
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I am a unwed mother and the biological father is taking me

Customer Question

i am a unwed mother and the biological father is taking me to court to obtain full legal custody of our 13 year old son i have had him since birth i dont do any drugs nor alcohol
JA: Since laws vary from place to place, what state is this in?
Customer: i have maintained employment since i was 19 mississippi
JA: Have you talked to a lawyer yet?
Customer: i am 39 not yet just trying to get some different suggestions he also is asking for child support if he is awarded custody
JA: Anything else you want the lawyer to know before I connect you?
Customer: i moved from memphis to mississippi in june and i am in the process of waiting for the approval of my apartment and because i am not in my own place at the moment he is saying that i am not providing a stable home for our child we also have a daughter but he isnt trying to get custody of her he is saying that i am not capable of raising our son...how can i be capable of raising one child but not the other
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
the father is also not working and drawing disability his wife works as a deli worker at walmart and he has constant issues with his blood pressure and has had 2 strokes
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm sorry to hear about your situation. In your case, because you don't drink him because you don't do drugs and because you are lucky to find a place to live for your child, it is likely that the father will not get full legal custody based on that. The court automatically looks for what is going to be in the best interest of the child when it comes to awarding custody. Therefore, they will not care so much that you aren't married in they really won't care so much that you just moved to Mississippi from Memphis, they're going to be looking at whether you have the capacity to make money for the child, provide a reasonably safe environment for the child, and make sure The child is regularly attending school.

Most of the time when people lose custody of their children, particularly mothers, it is because of drug abuse, alcohol abuse, it's because somebody that they are seeing is abusing the child, or hit is because they have an unstable living environment. If those things don't apply, the court is not likely to award the father legal custody just because he wants it. Basically, so long as you aren't hurting the child then full custody won't go over to the father. It is more likely that the court will split custody in this case.

Before you rate, did you have any questions for me regarding this?

Expert:  Legal Eagle replied 2 months ago.

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.