What is the process of getting full custody?

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What is the process of getting full custody?

My 8 month old son lives with me. His father was married before and still is. He recently started watching our son while I go to work during the weekend and has started threatening to not give him back to me when I get off work. Because of this I am having my mother watch him until I can get this issue resolved. My son is breastfed and has been since birth. I was there solely for the first 6 months of his life, his father rarely came around. His dad says he is separated and wants to be with me but still lives with his wife and 3 kids from their marriage.

Asked on June 19, 2011 under Family Law, Oklahoma

Answers:

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

Answered 10 years ago | Contributor

Okay I can understand how you would feel very tentative about trusting this guy and fearful for you and for your son.  I am assuming that parentage has never been established legally or maybe I am wrong.  Is he on the birth certificate?  Is there a child support order in place?  You do need to understand that courts support a parent in their quest to assert their parental rights to custody and visitation, but it does not mean tht you will lose your rights in the process.  The court would prefer that you and his Father reach an agreement together before they issue an order.  What you need to do is to seek legal help from an attorney in your area about establishing custody and visitation and support orders with him now.  Good luck.   


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