I am a single mom with a new baby girl... and I would like to know... if something were to happen to me, would her father automaticly get custody. If he gets put on the birth certificate and faithfully pays child support, and has visitation rights. If not or if so can someone who is not the childs next of kin, but is my choice of guardian, fight for and or recieve full custody? P.S. the father is a career Marine and has seen her for 4 min. in her entire life and has not shelled out a single dime. the chosen guardian is for all intensive purposes her surrogate grandmother. and my family has no interest in the baby.
1 Answer from Attorneys
Re: child custody
If something happens to you, and paternity has been established, yes the father is going to be the most likely to get custody. Courts will always prefer one of the parents over someone else. So designating someone in a will will not guarantee who will have the child if something happens to you. You complain about the father not paying anything in child support, but you are entitled to child support and can easily have that enforced through court. As a Marine, he should have a garnishable paycheck. Additionally, you said she's a new baby girl, has the father even had a chance to spend more than 4 minutes with her?