If I have just gave birth to my newborn sons and need to establish custody of them so I can file for child support, what do I do?

UPDATED: Sep 28, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 28, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have just gave birth to my newborn sons and need to establish custody of them so I can file for child support, what do I do?

The father is in another state and has not been in their lives but seems to think he deserves custody of them. How do I go about getting this all started?

Asked on September 28, 2012 under Family Law, Washington


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

Answered 10 years ago | Contributor

You start off by filing a custody suit in the state where the children reside-- which would also be your home state.  He will need to be served with notice of the suit and have an opportunity to be heard.... but do not confuse this with a guarantee that he will get custody.  During the custody suit, you can ask for final or temporary orders which grant you custody, him visitation rights, and order him to pay child support.  Considering that these are newborns, you have a very good chance of retaining custody as long as there is nothing unusual in your parenting style (like testing positive for meth after you gave birth).  As long as you can show that you have been a responsible parent-- all the way through-- you should be able to keep custody.  It helps if you have a family law attorney to get you through this process.  Many family law attorneys now accept payment plans.  If you cannot afford one, try to find a legal aid group in your area to at least help you with the motions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption