Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have question on child custody, for unmarried parent the…

Hi, I have question on...
Hi, I have question on child custody, for unmarried parent the child's father did Sign a Voluntary Declaration of Paternity when he was born, the Father has never supported the child and only sees him infrequently, would like to find out if there are any documents, I can have made up for child custody to go to my Mom and Dad? if I had to go to the hospital or if I was incapacitated, I made up Will with my wishes but want to know what other documents can have?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
3/28/2018
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,673
Experience: 16 yrs. of experience including family law.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Family Law Question

Can you tell me, is there a child custody order in place?

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Hi thank you for getting back to me no there is no custody order the only thing he signed was the voluntary paternity nothing else has been filed

Thanks

Mom would need to go to court and obtain a custody order. With no order, if mom were to pass, dad would get the child. Making a will is not going to have any impact on this.

If there is a concern that dad is not suited to raise the child, mom should head to court and obtain a court order that provides sole custody to mom.
That way, if mom passes, there is already a court order that indicates that dad is not suited to raise the child...that would prompt the probate court to place the child with the maternal grandparents.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Family Law Question

Thanks

Mom would need to go to court and obtain a custody order. With no order, if mom were to pass, dad would get the child. Making a will is not going to have any impact on this.

If there is a concern that dad is not suited to raise the child, mom should head to court and obtain a court order that provides sole custody to mom.
That way, if mom passes, there is already a court order that indicates that dad is not suited to raise the child...that would prompt the probate court to place the child with the maternal grandparents.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,673
Experience: 16 yrs. of experience including family law.
Verified
P. Simmons and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,673
37,673 Satisfied Customers
Experience: 16 yrs. of experience including family law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

37,673 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Second opinion] I have question on child custody, for
Second opinion] Hi, I have question on child custody, for unmarried parent the child's father did Sign a Voluntary Declaration of Paternity when he was born, the Father has never supported the child a… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
I have question on child custody and making a Will, I'm
Hi, I have question on child custody and making a Will, I'm unmarried the child's father did Sign a Voluntary Declaration of Paternity when he was born, the Father has never supported the child and on… read more
Sue
Sue
Juris Doctorate
624 satisfied customers
My ex-girlfriend is about 34 weeks pregnant and at this
My ex-girlfriend is about 34 weeks pregnant and at this point she's saying that I'm not allowed to be at the birth I'm not allowed to go to any of the doctors appointments before the birth and all thi… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
I need some answers on my son giving up paternal rights in
I need some answers on my son giving up paternal rights in the state of north dakota … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
Hello,I have a question for which I have conflicting answers.
Hello, I have a question for which I have conflicting answers. My ex and I have a 2 year old daughter. Our relationship was 13 years long but were never married. We currently have a custody battle in … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I want to ask something about a child custody question. I am
Hi, I want to ask something about a child custody question. I am living in California and I am an unmarried mom, but my son's birth certificate has his father's name on it. I want to ask does my son's… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
If a mother gave her child legally to the father, then moved out of State and makes no att
If a mother gave her child legally to the father, then moved out of State and makes no attemp to contact the child (and yes, she has the number), although we don't have hers. What can be done to legal… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
In New York State, an unmarried couple is to have a child.
In New York State, an unmarried couple is to have a child. The female wants to raise the child alone. Can the fathers rights be terminated so that all legal responsibilities fall on the mother? She is… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
37,673 satisfied customers
My childs father does not have his name on the birth certificate,
My child's father does not have his name on the birth certificate, has never met his daughter, has has not paid child support, and signed an affidavit relinquishing his rights. A motion was filed, but… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
state of florida ....my unmarried daughter is 16 just got
state of florida ....my unmarried daughter is 16 just got out of csetion surgery 6 hrs later the signing of the birth certifucate was taken place with the room full of visitors of the boyfriend. it wa… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
Can I have the father of my unborn child sign off his rights
Can I have the father of my unborn child sign off his rights to the child since we have never been married and he won't be paying child support?… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My ex girlfriend is keeping my 10 month old daughter away
my ex girlfriend is keeping my 10 month old daughter away from me. im the father. what leagle rights do i have. can i go pick up my daughte? just want to be in her life dont want to take her away from… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
My x And I were never married. She claims she doesnt want a
My x And I were never married. She claims she doesnt want a dime from me,nor does she want me around to visit the baby.She also says that She is not putting my name on the birth certificate. she also … read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I am having a baby with my girlfriend. She lives in S.C. I
I am having a baby with my girlfriend. She lives in S.C. I live in N.H. I have a good job with awesome family friendly hours with lots of time off. She has a part time job and wants too live with her … read more
A.D. Barnett
A.D. Barnett
Attorney
Doctoral Degree
411 satisfied customers
I had an affair my ex does not know about. That brought a child
I had an affair my ex does not know about. That brought a child into this world. My now ex is on birth cert. I do not want child support in fact I want to come clean and tell my ex he is not the fathe… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
Im an 18 teen yearold and pregant, my es dumped me
I''m an 18 teen yearold and pregant, my es dumped me and WANTED ME TO GIVE THE BABY AWAY, i SAID NO AND DECIDE TO KEEP IT AND NOW HE WANTS CUSTODY AND I WANNA KNOW WHAT MY RIGHTS ARE, WE WERE NEVER MA… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
I have a child who was born in wedlock. My ex knew he wasnt ...
I have a child who was born in wedlock. My ex knew he wasnt his an did the paternity test an never adopted my son. Now were in court an he wants custody the paternity was done in the first 2yrs of his… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My exgirlfriend is pregnant, how do we get some paperwork ...
My exgirlfriend is pregnant, how do we get some paperwork in place for custody and visitation before the baby is born?… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x