Legal Question in Family Law in Minnesota
How can I get custody of my son?
My girlfriend and I had a son who is now 3 months old. She has since lost her mind! She has no problem being verbaly abusive in front of our son, and as of this week, physically abusive. What can I do? Is there anyway to get full custody of our son? If so where do I start? Thank you for any advice.
3 Answers from Attorneys
Re: How can I get custody of my son?
Even if you signed a Recognition of Parentage, whicgh means that you are adjudicated as the father, you have no enforceable custody rights until they are established by a court.
Fortunately, since custody has not yet been determined by a court, you are on an equal footing in court and the determination of custody is mae based on what is in the child's best interests.
At this point, you should be documenting any behavior that you believe is inappropriate. If she is physically abusive and leaves bruises or marks, take photographs and report the matter to child protection. If she is verbally abusive, try to have witnesses present or even on the phone to document the behavior.
Part of any custody case is building the case so that you may prevail in court.
For a consultation call 952.746.2122
Re: How can I get custody of my son?
If you are not married, you may currently have no legal rights to your son at all. Even if you signed the Recognition of Parentage form at the hospital, it still does not grant you any rights to custody of your son. Fathers face many problems by waiting and hoping to work things out with the mother. I would advise you to retain an attorney at take her to court now and not wait to see what she does next. Please contact me if you would like a free initial consultation.
Re: How can I get custody of my son?
Yes, there is a way to get full custody of your son when the child's mother is abusive. You will need to request the Court to establish custody and parenting time. Under the facts of your case, you will want to also file for an accellerated hearing. You may be able to obtain assistance in filling out the necessary forms at the self-help center, your case is complicated enought that I strongly recommend that you hire an attorney.
Please contact my office if you would like to speak to me about representation.