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Q: How to petition for paternity and custody order for child…

Q: How to petition for...
Q: How to petition for paternity and custody order for child who's mother is not in the picture and can't be found?1. Child lived with father from 2011-present.
2. Child's mother cannot be reached (no valid phone or mail contact for her)
3. Child's mother is still married on paper to a another guy that was deported years before child was conceived.
4. Father is not on birth certificate of child
5. Child lived with father's mother (grandma) while father was in foreign service overseas under legal guardianship order granted by court.
6. Child's father has notarized POA granting full parental rights as mother signed by child's father and mother.
7. Father needs POA recognized by court to get legal guardianship granted while awaiting paternity and custody orderThe feedback is highly appreciated.
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Answered in 30 minutes by:
3/17/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,020
Experience: Attorney
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Dear Customer,

Thank You for posting your family and guardianship question this evening. I'm attorney Bill seeing to your request.

Because the mother is the primary custodian when there is no marriage, a child born out of the wedlock , and no acknowledgment of paternity by the father the correct procedure is to petition the family court for guardianship.

You can file a temporary and permanent petition for guardianship of the child.

Because the mother is out of the picture a court is more likely to grant you guardianship; to this end it is possible to file a termination of paternity suit with the same court due to her abandonment.

A power of attorney can only be limited to temporary guardianship as custody is prerogative of the court.

Yes,please follow up with me if you need further information or clarification.

In return your positive feedback and rating is what gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in this regard.

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Attorney Bill

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Customer reply replied 1 month ago
would it be possible to file an exparte petition for temporary guardianship (since the respondent cannot be located)? Also, how do I go about seeking a paternity test without child's mother present? The POA agreement states I can act on her behalf as "mother/parent" but ultimately I am trying to get my name on my child's birth certificate.

Yes, you need to file a paternity suit with DNA testing in that case so you will be acknowledged as the father is law.

The court can allow alternative service by publication.

Yes, an emergency and temp guardianship petition can be made notwithstanding her absence.

In return your positive feedback and rating is what gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in this regard.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,020
Experience: Attorney
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