How to get full and legal custody of a child?

Answer 1

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity. A paternity test can be arranged through the court and once established the father can request visitations, or custody and set up a schedule of regular child support payments for the child if the mother retains physical custody.

To succeed in a petition for custody the unmarried or married father would need to provide evidence that the child would be better off in his custody because the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

• physical, emotional and sexual abuse
• excessive discipline
• failure to protect the child from abuse by others
• failure to report abuse of the child
• neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
• failure to provide proper medical care
• failure to provide day to day parental care
• serious illness or disability
• mental illness
• substance abuse or addiction
• Alcoholism
• criminal activity and/or associations
• incarceration
• conduct or conditions that are seriously detrimental to the child
• abandonment
• child endangerment
• leaving the child unattended or in the care and supervision of a child
• a failure to provide adequate supervision
• unsafe living conditions
• a medical condition that makes it impossible for the parent to adequately care for the child

Answer 2

If you are not married, then you are between a rock and a hard place if you cannot make an agreement with the mother of the child.

Another view:

You can file for a paternity test to prove the child is yours. Once it is proven, you can file for custody. However, you probably need to wait until after the child is born.

Answer & Clarification

In the United States, if you are the unmarried father, you cannot get custody of an unborn child. You must wait until the child is born and then seek custody through the court.

Answer 3

You have to go to family law court. They have paralegals that will help you with the forms 7 to understand the process. If things are not mutual, you may need an atty. If there is nothing wrong with other parent, best you can hope for is 50/50 unless they agree to less.

Answer 4

Consult with a good attorney who can review your situation and explain your options.