Legal Question in Family Law in California

Single Father To Be Seeking Primary Custody

I am a single father to be. The mother was planning to give my child up for adoption and has since agreed to grant me ''Primary Custody'' of our child. Can I legally obtain sole custody of my child without proving the the mother as un-fit?


Asked on 2/21/01, 6:29 pm

4 Answers from Attorneys

Nina Gohari Law Office Of Nina N. Gohari

Re: Single Father To Be Seeking Primary Custody

If you were not married to the mother and child is not the child of the marriage then the answer would be as follows: Yes, you will be able to file a paternity action with the court and submit a judgment of paternity to the court by way of stipulation. By obtaining a paternity judgment from the court you would establish a legal parent-child relationship and establish your custody rights to the minor child. If you need assistance with filing your paternity action you may contact my office at 310-839-7700.

Nina N. Gohari, Esq.

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Answered on 4/04/01, 5:38 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Single Father To Be Seeking Primary Custody

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. That notwithstanding,

beware of oral agreements with expectant mothers.

She might change her mind. Your best bet is to get

a comprehensive stipulation re paternity, custody, support, et cetera.

By the way, to bolster your position, you ought to be contributing to the cost

she is incurring as a result of pregnancy and birth,

if you can.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 4/04/01, 5:47 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Single Father To Be Seeking Primary Custody

You can always go for sole custody of the child, however it would be very difficult to prove without making a showing that the mother is unfit. With primary physical custody you would be entitled to child support. I highly recommend that you use an attorney to accomplish this arrangment. You can call me at 818-703-8137 if you are located in Southern California

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Answered on 4/04/01, 6:46 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Single Father To Be Seeking Primary Custody

If you both are in agreement, then you may obtain custody if the pleadings are properly filed. Please call me directly at (619) 222-3504.

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Answered on 4/04/01, 11:14 am


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