Legal Question in Family Law in Ohio
Do I need custody of my child.
I am unmarried and had a baby, I live in NJ the baby's father lives in Ohio, the baby has my last name and the father does not pay any child support.
Do I need to file for sole custody of the child. If so why and how do I do that.
3 Answers from Attorneys
Re: Do I need custody of my child.
Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, at this point, you don't really have to do anything and there may never come a point where legally you have to. However, abandonment by the baby's father will not relinquish his rights to come into the child's life at any time and pursue custody or visitation. It would be wise to apply for sole custody in order to avoid any future problems. The way to obtain sole custody is to go to the family court and file an application. A hearing will then be scheduled and the baby's father will be notified so that he can be present at the hearing if he so desires. With some luck, he will not respond and/or waive his right to be present and the Court will grant your petition. If he wishes to contest you petition for sole custody, things could get trickier. Also be advised that even if you obtain sole custody, it does not prevent you from seeking child support from the baby's father. If you wish to speak with me further about this issue, I can be contated at 908-537-7975.
GOOD LUCK!
Re: Do I need custody of my child.
Thank you for your inquiry.
Even though the father resides in Ohio, New Jersey has jurisdiction over your child. Therefore, an application for custody and child support must be made in the County in which you reside. It is certainly advisable to have an attorney present at the hearing.
As it would be my pleasure to speak to you regarding your situation, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
Re: Do I need custody of my child.
Thank you for your e-mail. As a general rule, all children are entitled to be supported by their natural parents until emancipation. One parent cannot waive that right which belongs to the child. It would be a good idea for you to have a legal document that gives custody to you, if you have any concerns that the child could be removed by the father at any time. Please do not rely on this advice as specific to your issues. No attorney-client relationship has been established. You should speak with an attorney and discuss all issues face to face. Our Family Law Department has experienced attorneys who can provide representation and guidance to you. If you wish a consultation, please call 856-795-6700. Good luck to you. K.Scheiner