If I’m my child’s father and I were never married and he is not on the birth certificate but I want to file for legal sole custody, how do I do that?

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If I’m my child’s father and I were never married and he is not on the birth certificate but I want to file for legal sole custody, how do I do that?

Asked on September 27, 2012 under Family Law, Utah

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You start with filing a paternity petition to have him legally declared dad.  He will need receive notice of the suit-- which called "being served with notice."  After he is served you can file discovery requests or try to work out a orders/findings.  If the court determines that he is dad (either by his agreement or DNA testing), then the court can impose orders which grant you managing conservatorship and him visitation rights.  You'll want to try to find a family law attorney to help you with the process if you don't feel comfortable doing it on your own.


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