What steps do I need to take to ensure that my 3 year old son’s biological father does not get sole custody of him?

Get Legal Help Today

 Secured with SHA-256 Encryption

What steps do I need to take to ensure that my 3 year old son’s biological father does not get sole custody of him?

I have been raising him by myself since birth.

Asked on October 30, 2012 under Family Law, Florida

Answers:

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

Answered 8 years ago | Contributor

The first and foremost step is just to be a good mother so that the courts don't have a reason to remove custody from you and give to him.  If you've been raising this child on your own and the child has developed happily with no support from biological dad, the courts are not likely to give him custody-- even if he would like it. 

If you don't have any custody orders in place, then it would be a good idea to go ahead and file a custody suit to have him officially named dad that orders him to pay child support.  Also in this suit, you would request the court to grant you sole custody and extend him supervised visitations since he has had so little contact witht he child.  

If there is a new "dad" in the picture who is willing to be a real "dad", then you may want to consider seeing if biological dad will terminate his rights so that new dad can step an adopt your child.  This is not required, but it is an option to explore if you have the opportunity to do so-- espcially considering bio dad's lack of interest at this current time.


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 with SHA-256 Encryption