My husband just found out that he has a child with a girl he had a fling with over a year ago. She told him many times that the child was someone elses to get lost and on and on. Well now its proven its his. What is the chances he can get full custody of this child, this woman lives off ssi and welfare, is bipolar, has no stable home, and has a new guy every week. We have a nice home stable jobs and the best over all conditions for the child to live in. What are our chances? And what shall our next step be?
1 Answer from Attorneys
The chances of getting full custody depends to a large degree on what you mean by the statement that the biological mother of the child has "no stable home," how severely the bipolar effects her ability to perform her parental duties, and other specific details. Custody decisions tend to be very specific to the facts of each case. So without more facts it would be difficult to fully answer this question.
As far as what to do next, it sounds like your husband probably wants to establish that he is the father of this child with the court. When a man who was not married to the mother seeks a legal determination regarding his parentage of the child, he can do so by filing an action of paternity. An action of paternity may be brought by the child or any person on behalf of the child.