Can A Father Get Full Custody Of A Newborn

How Can A Father Get Full Custody Of His Child When The Mother Alienates The Child

Parental alienation is a stalker. It slowly and sometimes decisively destroys a father-child relationship.

Mothers and fathers engage in parental alienation. It is not gender specific.

Usually, a parent who engages in that conduct has one goal – to harm the relationship between the parent and the child.

They seek to do damage to the point where the child no longer wants to spend time with the other parent.

The Continual Or Habitual Abuse Of Alcohol Or Drugs

Drugs include prescription medication. If the mother has a substance abuse problem, whether the substance is alcohol, illegal drugs or prescription medication, that mother may be unfit to be the primary custodial parent.

Do not mistake this for a mother who had a substance abuse problem in the past but has since recovered. We’ve noticed family courts are forgiving of a parent that used to suffer from substance abuse but took the necessary steps to stop the abuse.

Contact A Family Law Attorney For Help

If you find yourself in a situation in which it is truly not in the best interest of your child to share partial custody with the mother, it may be possible to build a case to demonstrate that the mother is unfit.

The state of Georgia in particular has a low percentage of fathers with full custody. If full custody is your goal, its essential to procure the aid of a family law attorney to build a strong case for the best interests of your child.

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The Issue Of Paternity

U.S. family law is clear on one thing: If a married couple has a baby, the legal presumption is that the husband is the father, regardless of the genetic parentage of the child. Presumption of paternity protects both parents and children when donor sperm is used to overcome a fertility problem, and in most states presumption of paternity extends to same-sex couples, meaning that a woman can be considered a parent to her partners child if they were married at the time of conception and birth.

There is no such presumption if the parents are not legally married. Thus, its very important to ensure that the fathers name is on the birth certificate. There are also legal forms that allow a man to acknowledge paternity as long as both partners agree as to who the father is. If paternity is disputed, then the government and the courts may get involved and genetic testing may be ordered. 25 U.S. states have a paternity registry that the father can be placed on. Disputed paternity may occur when the couple has no relationship, and paternity tests might also be used in cases where more than one man can be the biological father.

If you are legally designated as the father then, under law, you have the same custody rights as a married father, but many people do not know this.

What Should Unmarried Couples Do To Ensure Child Custody Is Established Smoothly

Unmarried couples who are not living together or who are separating have the same responsibility as married parents who are going through a divorce. They are expected to work together on a parenting plan for the child.

If you are on good terms with your co-parent, then you should be able to work together to establish a plan that is in the best interests of the child. A parenting plan should include things such as who makes the decision about schooling and extracurricular activities, who gets the child for which holidays, etc. If the child is old enough, they should have input into their own parenting plan. Once a parenting plan is in place and agreed on, courts will generally rubber-stamp it. Its rare for a court to overrule a parenting plan, and generally means they feel that the child would be unsafe with one or both parents. Once the court has made an order, the parenting plan is legally enforceable, and you will need to go back to the table if you want to change it.

Mediation is often a good idea even for couples who are on good terms, as emotions tend to run high, and a mediator can help you see past your own feelings and to the interests of the child.

If you are not on good terms, then things can get much trickier. You will definitely need a lawyer to help you support your interests with the other parent.

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If The Father Is Single Can He Still Get Full Custody

The courts consider it preferable for both parents to share custody of their children, there can be circumstances where the courts would consider granting full custody to only one parent. Additionally, the courts are not allowed to show any prejudice against fathers, so if they can show that theyre better suited as a parent, they do have the chance of getting full custody. But they should also be prepared for a difficult child custody battle if the childs mother also plans to file for full custody.

Full Custody Right Factors Considered By The Courts

Those parents who want full custody rights should know what to expect prior to their court proceedings. A court will determine the following factors in deciding which parent should gain full custody rights:

Paternity: A father who is interested in gaining full custody of their child should have proven their paternity of the child. A father can establish paternity by signing the childs birth certificate or by acknowledging paternity during paternity proceedings in court, or after court ordered genetic testing of both parrents DNA.

The fathers relationship with the child: A judge will examine the parents relationship with the child, prior to granting them full custody rights. The father should be prepared to answer questions regarding his relationship with the child during their child custody proceedings. A judge will also inquire about past regular visitation.

The childs relationship with his/her mother: A court will be hesitant to interrupt a child custody arrangement that is working, particularly if the childs mother is the principal caretaker of the child. For instance, a court would consider changing the custody arrangement if they feel the child is in danger, or if the childs mother is suffering from a mental illness or if the childs mother is taking drugs or abusing alcohol. A father who desires full custody of their child should be prepared to prove that a substantial change in circumstances justifies a complete change in custody.

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Who Is The Primary Caregiver

One factor in determining custody is which parent has been the primary caregiver for the child. Some states actually use the term “primary caregiver” others refer to the parent who is best able to meet the child’s needs, who is most willing to accept parental responsibilities, or who has been caring for the child.

Regardless of the terms used, the primary caregiver standard tries to determine which parent has been responsible for meeting most of the child’s daily needs, such as feeding, bathing, playing, waking and putting to bed, making doctor appointments, arranging for child care, and so on. In some families, these tasks are truly shared between the parents. And of course, some stay-at-home dads bear most of the responsibility for their children. However, even though more women work full time now than in the past, women are much more likely to take on the primary caregiver roles.

No matter how much or how little involvement you have had in handling these daily tasks so far, you should start taking on as many of these daily tasks as make sense for you, your spouse, and your child. After all, you will have to start handling all of these activities after you divorce, at least when your child is with you. And, the court will look at your history of performing these tasks in determining custody.

What If The Information In Myaffidavit Changes

Yoursituation may change several times, particularly if you have recently separatedfrom your partner.

If the changeis minor, you can swear an affidavit in which you explain what has changed and if or how it might affectyour plan. For example, you could file a short affidavit explaining that thechilds daycare has changed to an after-school program.

If the change is more substantial, you mustcomplete a new affidavit so that the court has accurate and up to dateinformation.

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Don’t Count Yourself Out

Many fathers feel defeated before they even step into the courtroom.

Remember: the parent who proves they can best provide for the child’s needs will get custody. Putting together solid evidence could give you the confidence to show the judge you can handle full custody. Even if you don’t get full custody in the final order, you can ask for more parenting time or a change in custody later.

When Will A Child Be Ready For Overnight Separation From Their Main Caregiver

The Australian Association for Infant Mental Health Inc recognises that shared overnight parenting can be very disruptive for young children and offers guidelines on handling overnight care in Infants and Overnight CarePost Separation and Divorce. AAIMHI recommendations include:

• Promote a safe, healthy attachment with the main caregiver while building a warm relationship wth the other parent.
• Day time separation should be gradually increased at the childs pace.
• Attention should always be paid to a childs emotional security and developmental readiness for separation.
• Overnight separation from the primary care giver is not recommended under two years of age and most children wont be developmentally ready until at least three years of age.

Developmental milestones

AAIMHI lists several developmental traits to guide a childs readiness for overnight separation . It also stresses the importance of parents being able to avoid conflict, speak positively about each other and be cooperative for the sake of the child.

Excerpt from

Infants and Overnight CarePost Separation and Divorce, Australian Association for Infant Mental Health Inc, 2015

See the full document for guidance when child protection is a concern.

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What You Need To Learn About Filing A Petition For Child Custody

Petition for Child CustodyAffidavit AcknowledgingPaternity

What is the purpose of a Petition for Child Custody?

Parenting Plan

How do I know if paternity has been established?

AffidavitAcknowledging Paternity

However, an administrative order for childsupport is not a court order and, by itself, does not establish custody. When the administrative child support orderis approved by a court, it may contain a judicial determination of custody.

You must look at the court order that setchild support or otherwise involve the child. If the order makes a determination of paternity ,you may use the Petition for Child Custody if you are named as a parent andthere is no court-ordered Parenting Plan . If you are not sure, take your paperwork to alawyer to discuss your status as a legal parent.

How do I get started?

1. Gatherthe documents you may need: a certified copy of the childs birth certificate, filed with the Missouri Bureau of Vital Records,administrative child support order and court orders involving the child.

2.Download and complete the forms in the petition for child custody packetavailable from the Petition for Child Custody Forms page.

• In Your Child’s Best Interest handbook is available here.

Can I contact the judge or commissioner if I have questions or concerns?

What if there are special circumstances involving the welfare of the child?

How can parenting time be enforced after a custody order is entered by the court?

Showing The Unavailability Of A Parent

Another dynamic here full custody may be awarded is when one of the parents is somehow unavailable or unable to communicate for periods of time. This can be for innocent reasons including work situations or professional travel.

It can also stem from alcohol or drug abuse, or unavailability due to mental health issues.

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Nathan Law Offices Only Represents Women In Divorce

As divorce attorneys who only represent women, we understand your desire to have full custody of your newborn baby. Whether through mediation or in court, we will do our best to get the custody arrangement you need to provide your baby with the best possible start in life. Contact our Marin County office today.

The Importance Of Legal Counsel

If you are a father of a newborn and expect to divorce soon, you are in a challenging position. Though your child may need more physical access to their mother than you, it does not diminish your role or rights as a parent. It is best to hire an experienced divorce attorney as soon as possible if you are concerned about your child custody rights over your infant child. An experienced attorney can help you negotiate a child custody arrangement that ensures your legal custody and provides appropriate physical custody rights over time as the child grows.

An attorney can be an invaluable lifeline if you are concerned about losing your parental rights or if you believe the court will treat you unfairly because you are a father. Its an unfortunate reality that men typically face greater scrutiny as parents in most family courts, while women are often dismissed as breadwinners. Children benefit most from equal access to both their parents. Thankfully, child custody arrangements can be amended and revised over time. Parents must be willing to compromise for the good of their children. An experienced family law attorney can help you assert your legal rights as a father to ensure your child has the parental connection they need for the healthiest early upbringing.

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What Rights Do Unmarried Fathers Have Post

Many unmarried fathers can, understandably, become confused or frustrated when it comes to the rights they have in relation to their children and family law conflicts. This is often because the law is clearer in peoples minds when it comes to fathers in marriages than it is in relation to unmarried fathers.

Often fathers assume that they have an automatic right to parental responsibility of their biological child. While all children have a right to have a relationship with their father in the UK, the law may not always be that clear cut when it comes to unmarried couples. That is because unmarried fathers often have different rights to the mother . This is often particularly true if a couple remain unmarried and then later decide to part ways.

The law in the UK is clear that the biological mother automatically has parental responsibility over the child. However, a biological father that is not married to the childs mother only inherits parental responsibility in one of few circumstances. Parental responsibility is what gives a parent responsibilities and rights for that child. Without parental responsibility, fathers can have less rights when it comes to their child.

Unmarried fathers can however obtain parental responsibility over their child if:

How Are Custody Or Visitation Orders Enforced

If a parent fails to comply with the provisions of a custody or visitation order and the other parent wants the court to enforce those provisions, the parent must file a court action against the other parent. If a party is found to have violated a court order, the court can find the party in contempt and may require the party serve up to 30 days in jail. The court also has alternative measures to try to gain the partys compliance with an order. See Iowa Code section 598.23.

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Not Just About The Breast

Breastfeeding is very closely linked with secure attachment, emotional regulation and mothering.1 It is a way of settling a baby to sleep , calming them down, pain relief for teething or colic, meeting suckling needs, it is their security blanket and their food. However, focusing just on a childs reliance on breastfeeding is not taking into account the bigger picture of healthy attachment.2 It is very desirable for a baby to have a primary attachment figure as this affects a childs emotional health throughout their life. Attachment Parenting International explains:

Excerpt from

APIs Eight Principles of Parenting, Attachment Parenting International,

infants are born hardwired with strong needs to be nurtured and to remain physically close to the primary caregiver, usually the mother, during the first few years of life. The childs emotional, physical, and neurological development is greatly enhanced when these basic needs are met consistently and appropriately.

Do I Need An Attorney In Divorce Action With Custody Issues

While representation is not required in a divorce action with custody issues, divorces involving children can be complicated. You may want to contact an attorney to help you with all or some of the divorce process. You may miss important issues or fail to anticipate the consequences of your lawsuits. For these reasons people who are contemplating divorce should consult with an attorney.

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How To Make A Shared Custody Plan For Newborns

Parents must consider many factors when creating a shared custody plan for a newborn. A newborns developmental needs must be taken into account at every phase of the plan. Judges are more likely to approve a shared custody plan for a newborn that addresses the following:

• A primary residence for the newborn

• Visitation schedules that include short but frequent visits from the non-custodial parent

• Schedules that allow both parents to share caretaking tasks

• Plan and resolution to slowly implement changes in the plan as the child ages