From the time that a child of unmarried parents is born until a child custody order is issued by the family court, the mother has custody. As mentioned in a previous post, a Recognition of Parentage signed by both parents provides a basis for an unmarried father to obtain parenting time or custody of a minor child. However, a father who has signed a Recognition of Parentage form must obtain a court order (at a family court hearing, or by stipulation with the mother) for his parenting time or custody to be binding on the mother, and enforceable by the family court and other authorities, such as police officers.
The distinction that the mother has custody is moot if the mother and father are together. The legal conflict is most likely to arise when the couple separates. Obviously, before the couple separates, there is not the clear need for a court order designating custody and parenting time. Upon separation, the parent who does not have the child in his or her care, and who does not have the agreement and cooperation of the other parent, will need a court order to give him or her the right to access to the child.
My doughter is almost 2 and her dad(my EX) is taking me to court to fight me for a 50/50 custody. In the 2 years she has been alive she has lived with me there was 4 months that her dad and i tryed a 50/50 but i hated it and i stopped it for good reason this was a year ago.sence the 50/50 stopped we have gone back to everyother weekend 2nights a week and we share holidays.I must admit i am worried that he could get a 50/50.I also have 3 other children but there not with my ex and all 4 of my children are close to eachother. what are the chances that my ex will get what he is asking for?
I have a 3 year old daughter. Dad lives in the same state. We didn’t live together. We don’t have any custody or child support arrangements. I am thinking about moving to Virginia.
1. Can I do that, legally?
2. Is there any other option?
Appreciate your advice
Hi, I live in St. Paul, Minnesota and I have a 3 year old daughter outside marriage. I have separated from my boyfriend(her dad) for almost two years. We both work and child support was never the issue. None of us have legal custody over our daughter, but were sharing custody and now I wanted to leave the State of MN.
1. Can I legally move without Dad’s or the courts permission?
2. Can I be ordered to come back to MN, if dad files for custody?
Thanks in advance!