What to do to establish custody?

UPDATED: Sep 4, 2012

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What to do to establish custody?

I am pregnant; the father is a resident of another state. If I have the child their dad’s state and want to take him back to home with me without the father’s consent, how do I do it? Is there a way to make it easier like keeping him off of the birth certificate or is it best to have the child in my home state so that the father would have to travel there in order to try and take him?

Asked on September 4, 2012 under Family Law, Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, the laws of most states give great latitude to the mother being the primary custodial parent of a minor particularly when the child is under 5 years of age. After all, the mother carried the child for 9 months before birth. In your matter, I suggest that you name the father of the child as such on the child's birth certifcate. In the interim, I suggest that you consult with a family law attorney about future child support issues.

From what you have written, you take the child with you absent a court order to the contrary. After all, you are the child's mother. I would file a child support petition against the father in the county and state where you reside.

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