I signed the birth certificate and paternity. What are my rights without a custody agreement in place?
Question:
I am currently awaiting court on the 28th with my ex. We were never married. I did sign the birth certificate and the paternity when my daughter was born. My daughter is 4 months old, formula fed as well. My ex won’t let me take her overnight and lately is ignoring my request to pick my daughter up. She says she doesn’t think I’ll wake up when she cries; that’s why I can’t have her overnight. I live on my own and my daughter has her own room with her nursery all set up. What are the chances I will get 50/50 legal and 50/50 physical custody? We live only 10 minutes away from each other? Also, her step dad is in the military and they move every 3 years? Currently my ex lives back home. Does this show an unstable living environment due to the constant moving?
Download Our Free Divorce Guide
Answer:
You certainly have rights as a parent and a court will award parenting time. It does not sound like there is any reason why you should not have overnight periods as well. I would need much more information to advise on your likelihood of obtaining an order of shared custody. If the mother is married and her husband relocates, you will both be in a very difficult situation. She will want to move with her spouse and you will want your daughter to stay with you. That is going to be a very difficult case for any judge. That he moves due to his career does not show an unstable living environment.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga County Lawyer handling child custody matters. This does not consent an attorney client relationship.
