i want to file for full custody my daughter is 5 has has no clue who he is becuase he has bever been in her life will the custody automatically go to me?

My daughter will is 5 years old her biological father has probably only seen her 7 times in her whole life. She has no clue who he is. he has not tried to see her in any way so I want to file for full custody but I’m scared once I do the court will give him visitation rights. He has also moved to a different state. What are my chances of filing for full custody and winning. Also I gave her his last name is there anyway I can change her last name with out his consent?

Asked on March 16, 2012 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I know that this is tough but it is better to fact the obnstacles now rather than live in some kind of fear about it all.  The general rule is that if you were never married then you are the sole legal guardian of the baby. Terminating his rights is hard and yes, he could fight you. Now, changing her name will need his consent.  And what is going on with support to which she is entitled?  Why don't you sit and speak with an attorney in your area.  Good luck.

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