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Parents are not married, mother of the child is asking if…

Parents are not married...

Parents are not married, mother of the child is asking if she has any rights to see the house her daughter will be staying at along with what kind of person is the new girlfriend

Lawyer's Assistant: What steps has she taken? Has she filed any papers in family court?

Nothing has been filed, daughter is 3 and she put the last name on the birth certificate the only the fathers, not both

Lawyer's Assistant: Family law varies by state. What state are they in?

Arizona, she was told 2 years ago not to worry because she would get automatic custody

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They have been sharing days every week since she was 2

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Answered in 5 minutes by:
3/20/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

If the parents have never been to court to get a custody order, the mother is the sole custodial parent by default. So while there is nothing in the law that would specifically give her a right to inspect the father's home or meet his girlfriend (just as he has no right to inspect her home or meet her friends), she doesn't have any obligation to let the child spend time with the father at this point. She can keep the child all the time. It would be up to him whether he wanted to allow the mother into the home or go to court to establish a set custody and visitation schedule.

One of the benefits to setting up a schedule is that the judge can also determine whether either parent should be paying support. Support can be ordered even with equal custody, if one parent makes significantly more than the other. The judge can also enter a caveat that neither partner is allowed to have an unmarried partner sleep over when the child is at his house. Or the mother could ask that neither parent be allowed to introduce the child to a new partner until it's serious.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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