Yes you should file. If dads name is on the birth certificate, And you had a paternity test done, he now has rights. If his name isn’t on the birth certificate your husband now can adopt him and then you don’t have to worry
At least make sure you have physical custody. Sole custody is wise as well.
As a father great and grand? Of coarse the guy was a spirm donor! Not a father! .if you don’t your sibs heart will be broke by this dead beat you both deserve better! God Bless
I think legally he’s allowed to have the child at certain holidays And at summer break. So yes if you do not want him seeing the child you need to make that part of the court process. Honestly I’m not sure they will grant it though.
You never know what will happen. File for sole custody as soon as possible
1 Like
Yes, file for some custody. Some men decide they want to be in the kids life once they have to start paying, because they think that will keep them from having to pay, or at least pay as much.
Talk to your lawyer and get some good advice. You don’t want him coming in an taking that boy to another state, he’s a minor. Does he have your name or the fathers. Don’t wait - cover all angles and get the info you need and move forward. Protect your son.
Check the laws. Some think that by signing away their rights mean that they don’t have to pay child support but it’s not always the case. My brother in law was told if he signed away his rights to his daughter in Colorado (mother moved) he would still have to pay until she is 18 but without visitation rights.
Make sure you get him for back child support my friend did and she got sole custody don’t be afraid 
File!!! Texas has a default custody agreement that will give him time out of the summer and every other holiday!!
Now is the time to spring for an attorney and have his rights taken away. Have your husband adopt him after all he is the dad who stepped up
Dont cancel fathers paternity…He owes plenty in back support…Also, you should see a legal aide to work out an agreement in writing custody visitation etc. The legal aides are reasonable. The reason I dont agree with termination of rights is that one day maybe your SON might want to connect to his father. Besides if your ex has to pay back support, I cant imagine he will sign away rights. You never know when people may change etc. A piece of paper doesnt make a father, so his step dad has assumed this role which is great. Good luck to you.
Yes you need to file. Otherwise no one really has custody so if he comes to take him to McDonald’s or whatever and takes off there isn’t anything you can do about it.
File. Your son could go for a visit and dad is not legally required to send him back without a custody arrangement. Happened to me. All good now.
To be on the safe side file for complete custody!!It would be nice if your husband would file for adopting him!the father might like that as he wouldn’t be responcible for child support!
Definitely file.
I have a friend who went through something similar. She lives in Texas, he lives in Nebraska. 11 yrs he never reached out until Texas went after him for back pay and he took her court. Now her daughter is living in Nebraska with him going on 6 months and she is having to fight to get her back. Cover your butt.
praying it all works out for you:grinning:
1 Like
look into the what the law says because in most cases even if you have sole custody you can file for child support because the DNA proves paternity, custody has never prevented child support
1 Like
If bio Dad not listed on BC, shouldn’t be issue. I would file for full custody, see if bio Dad will give up his rights and have step Dad adopt.
Unless custody has been established then technically no one has custody. Which means if you let him see him he has every right to take him wherever he wants. You need to establish custody.
I never filed custody papers my son lived with me I got support and he saw him when he could.
I would file for sole custody. They will check if he has tried to see his son or not.
1 Like
I would, to be safe. Having sole custody does not mean he can’t see his child at agreed upon times, if he wants. Keep ANY communication between you and biodad, or anything from biodad to others concerning your child. This might come in handy if things get ugly for any reason. Also, get yourself a lawyer, you want to do what’s best for your child.
If you don’t file for sole custody he can get out of paying by establishing joint custody where he would have him half the time.
Yes. I would. But, let the biological Dad continue paying child support. If he’s not interested to be in his son’s life, then you take over completely. Next time, you just need to contact DA’s office to report arrears in child support. You don’t need to hire an attorney if you can’t afford it. They’ll eventually catch-up with him. Good luck. Take care.
Ask an attorney who is familiar with custody issues. Not everyone’s cases are the same. Don’t freak out and spend a lot of time,money or energy until you know for sure. Ask a lawyer. No one on here is a lawyer and they don’t your full story. Be responsible ask an attorney.
It may depend on the state but I know in TN, if the parents were never married, the father has no actual rights to the child at all, not even for visitation. The father has to go through the courts to even get visitation, unless Mom wants to give visitation on her own. She doesn’t have to unless it’s ordered through the courts.
In Texas, I’m not advising you of what to do, but once paternity is established then of course, your case is set for a hearing about custody and child support.
What I have heard over the years from attorneys in Texas on the radio is that whomever has physical possession of the child until it’s established really has the upperhand. However, in some of the same broadcasts, the attorneys have stated that during a supposed visit- the non-custodial parent has refused to return a child & could not be forced to return the child unless they lost a custody battle.
Caveat- a court order isn’t instantly foolproof. In my own custody case, with a court order- I left my daughter in her dad’s care for a visit (again, I had court-ordered custody full-time) and he ended up refusing to return her. Needless to say, after an attorney consult, the attorney told me to personally visit the DA’s office after purchasing my court-order directly from family district court, showing where he didn’t have custody. The DA was a white female who didn’t want to go after him/ enforce the order.
Needless to say, she was returned after a day. But the hell I went through. Ijs.
If I were you- I would just file for sole custody. Save yourself from any potential stress coming back on you. 18 years is a long ass time to deal with that kind of drama.
1 Like
Most likely you will never see much child support ur babies father, will simply live the rest of his going job to job moonlighting. I don’t think you have any worries. But yes of course there will be a parenting plan if the deadbeat steps up.
Every state has different rules about this I would definitely file full custody to avoid future problems
File for sole custody and if your state allows it, because of no-contact since birth, make sure there is a no-visitation cause.
Absolutely. The only way to protect yourself and your son
If you don’t file for sole custody he can take your son and you have to go to court to get him back
Have the dad relinquish his parental rights to you. Then, if your son’s stepdad wants to, he can adopt.
If you want child support don’t file sole custody. If you don’t want it, file for sole custody.
Do you love you child ? Wel don’t risk losing him then ! It can’t hurt a thing to file !!! Do it fast !!! Like yesterday !!!
File for sole custody. If your son ever wants/needs a passport the bio father would have to agree and sign the paperwork
Better yet, sever his rights and let the only dad he has ever known, adopt him
In my state if your not married to father when u give birth the mother had automatic full custody.
Yes I would file for full custody, if something should happen to you, pray God it don’t, he just might be able to get the custody of your son. Your present husband could then adopt him and the father could not do a thing
If you are not married you automatically have sole custody, he has no rights unless he files for paternity right. I’d say Tootaloo Felisha. Hes a dirt bag!!
File for full custody and if ur husband is willing have him file for adoption. Ur son’s dad has legally abandoned him.
Get your sole custody otherwise your ex could come anytime to challenge you custody and actually get your son taken from you.
1 Like
File for custody,if you dont he can come and take the child at anytime, then you will have to find him and fight to get the child back…
The state went after my first born bio dad on its own (California) and I wish it never happened. I wasn’t worried about the money. Was doing just fine. He (bio dad) took offense to having to “pay” if he don’t see his kid. Well, only you can answer that one. Anyways, we had to go through mediation because she was 4 by then and never knew him. Unfortunately he would walk in and out of her life AGAIN for her to see and feel. Unfortunately he wasn’t enough for her to be any type of support either way. It made her views on life a lot harder in my opinion. If he wanted to be a dad he would have and sounds like he had every opportunity. 
get your order for SOLE custody better safe then sorry. If I could have avoided this entirely I would have. I let things play out and have worked harder as a parent because of this. AND FIRST CONSULTATION IS FREE WITH ATTORNEY AND WILL GIVE YOU THE RUN DOWN IF YOU HIRE THEM WHAT WILL HAPPEN
You are not obligated to a sperm donor. You are responsible to your son and his safety and well being.
Never assume anything when it comes to your ex. Protect your child. File for sole custody.
I would file you never know what will happen and later I would file adoption for your husband and your son if your comfortable doing so
You need to file and have legal documents regarding custody. At this moment the father could come and take child without legal repercussions. Even if you aren’t worried it’s best to be cautious
Unless it’s an emergency they aren’t scheduling hearings…
I think all states are different…however, in the state of pa, after three months of no contact (including any child support, visits, phone calls or texts) you can file for termination of rights…however they have a chance to dispute it if he didn’t want to sign rights away. But whatever way you go, having a court order is a very good safeguard for you and your child.
Have you thought of having the Father give up his
rights so that your husband could adopt your son then you would have no worries
II thought in many states if a parent had not supported a child or had contact that it is considered abandonment and had no rights. .Many attorney’s will give you a free consultation and you can find out your options.
Yes u should because if u dont he can fight for it. Not saying he will get your son but u dont need him to try an stop child support by trying to take your son.
I’m with you on this,but,maybe you should get an attorney to help you through this.
Instead of filing for sole custody file a petition for adoption and ask your husband to adopt him
2 Likes
Definitely file for sole custody. Also have his wages garnished
How a out husband adopting son.
My daughter didn’t file for sole custody and her POS ex bf took her kids out of state and there was nothing she could do. So file for that custody before you lose your son to him
I would file. This then protects u from any legal issues. I would be surprised to see them make him go there with out him coming several times to u first.
In this instance I would have your husband adopt him and say hell with bio dad.
If you were never married then you automatically have sole custody of your son.
Yes, the father can walk in at any time and demand visits even summers and school breaks if you dont.
Most states are different. He is just a sperm donor. Hope you are getting $ from him. Get an attorney.
I’d file for emergency custody hopefully he would just sign away his rights if that what u want
Were you ever married? Because on OHIO if you were never married the dad has no rights anyway. I don’t know if it’s the same for the state your in
To get full custody the father would have to prove with out doubt you are an unfit mother. How can he do that the distance for one. I doubt the father wants the responsibility of the boy he will mess up his love life big time. Dont bother rocking your boat enjoy the peace.
File unless you have NO fear of him taking and running off with. your son
Would your now husband want to adopt him?
It sounds like your husband is his dad. Why don’t you ask him to give up his rights and have your husband adopt him?
Dear Dearly, I am unfollowimg your page. I cannot believe there are that many moms out here that can’t think about whats best for their.child without needing advice from strangers. They already know what they need to do…they just want confirmation. YOU’RE A MOTHER! ACT LIKE ONE! Whats good for goose aint always.good.for the gander. And this is getting info from all kinds of different States that dont even have the same laws. If you are that confused…call an attorney!! Consultations are usually free!! The internet is the dumbest place to get advice.
Be safe file for full custody you never know what can happen
If you don’t all he has to do is have him for the time it takes to file for custody he he has custody .
Yes file now. They will listen to what u say and do what’s best for ur son. Good luck. Hope all works out
If you’re going after child support, he can go after custody.
Better safe than sorry. File for sole custody!
YES!!! file for full custody and child support .
He can fight you for custody you need legal papers saying you have full custody
Once you file for child support the dad has rights to see him so if you don’t want to have to go visit his father if he ever decides to, I would just file for full custody and have the fathers rights terminated
1 Like
Omg yes!! Never take for granted he wouldn’t apply for full custody and get it as your child gets older.
File for full custody with supervised visits and child support
The judge will.know all the legal matter. If it was me. I would seek a atty for proper representation
Yes, get sole custody
Better safe than sorry!
Exactly that’s why you should file for full custody
Yes file for sole custody
Always get it legally documented. He could come to your house and take your baby. It would not be considered kidnapping because he is the father. Custody is also considered a civil issue. Police cannot do much without an order to enforce. Yes, get your ducks in a row, get a lawyer, and get it legally documented.
4 Likes
Yes u need 2 file 4 full custody
Yes file for full and total custody
File for full custody. He can still come to see his son if you and your son want that
Sole physical custody
I most definitely file for full custody
Call a lawyer they will answer yr questions without charges .
Definitely file for sole custody
Best leave things as they are.
Don’t listen to anyone…contact a lawyer…they give free consultation…
Yes file for sole custody
I would file for full custody
File… dont want any issues in the future…
Be smart file now before court date
Get a attorney, and file, don’t wait