By law in Ohio, you have custody because the two of you are not married. If he takes the children, he can be charged with interference with custody or even kidnapping.

Answer Applies to: Ohio
Replied: 11/7/2011

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If your boyfriend has not filed an action to legitimate your children, he has not parental rights regarding them. As such, if he were to take the children it would be kidnapping. If you do nothing, you will continue to have sole legal and sole physical custody. If he files an action to legitimate, you can respond to the proceeding to request that you be awarded primary custody and that he be prevented from taking the children out of state. If there is already an order in place that grants him joint custody, you can request to modify the order.

Answer Applies to: Georgia
Replied: 11/7/2011

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If you are the primary caregiver of the children, then the court would support the children residing with you. You should file and serve your boyfriend with a paternity action and a motion for child custody and support.

Answer Applies to: California
Replied: 11/4/2011

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You should hire a competent family lawyer like me. You should file an action for sole custody of the children, and a motion for child-support. A competent lawyer will file a petition for interim attorneys fees against your boyfriend, and seek to collect attorneys fees to permit you to file the necessary legal actions.

Answer Applies to: Illinois
Replied: 11/4/2011

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I would quickly file a complaint for custody and child support with the Family Court. If you advise the Court that your boyfriend is planning on moving and taking the kids, the Court can issue an order preventing him from doing so until a final decision is made on the case, which could mean that your husband cannot relocate with the children. With two children, the court will order your boyfriend to pay 25% of his adjusted gross income for child support.

Answer Applies to: Nevada
Replied: 11/4/2011

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Since the children were born out of wedlock, he has no legal parental rights to them until he files a petition for legitimation with the court. You do not have to let him see the children if you seriously fear that he might run away with them. If he does run away with the children you should be able to file a kidnapping charge against him since he is not their legal parent according to Georgia law.

Answer Applies to: Georgia
Replied: 11/4/2011

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You should go to your local family court and file for custody with a restriction that he not leave the jurisdiction without a court order.

Answer Applies to: New York
Replied: 11/4/2011

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You need a paternity test to prove the children are his. You need to file for child support. Both of these items need a lawyer, contact your local family court who will direct you to the state's attorney who will help you at little or no cost. Custody will be arranged which would be supervised, if he steals the children as you describe it would be a felony and he will do hard time. You need to do this because the child support is not yours it is the children's and not to do so you will be hurting the children. Get down to family court tomorrow.

Answer Applies to: Alabama
Replied: 11/3/2011

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You should file a petition for custody, parenting time, and child support. You should file the case in the county in which the children reside.

Answer Applies to: Oregon
Replied: 11/3/2011

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In Arkansas an unmarried mother is deemed to have sole custody of the child(ren). Your boyfriend has no legal standing to take the kids, he would need to file a court action for paternity and custody. Unless he can prove the children are not safe in your care he would have a difficult time getting custody, but would likely be granted visitation.

Answer Applies to: Arkansas
Replied: 11/3/2011

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Until there is a court order that says he is the father and gives him some specific parental rights, he has no right to take the kids anywhere or even to see them if you don't trust him to properly care for them or return them. But, as long as he thinks he has some rights you can't be sure what he might do. You do not need anything to take him to court; but, in order to be sure you have a court order that can be enforced, you need to do something right away.

Answer Applies to: Colorado
Replied: 11/3/2011

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You have custody by default unless and until he files a paternity suit in order to establish his rights legally as the biological father. If he tries to take the kids out of state without your permission, call the cops.

Answer Applies to: Florida
Replied: 11/3/2011

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Until and unless he legitimizes a child he has no rights at all.

Answer Applies to: Georgia
Replied: 11/3/2011

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If you are not married to the father and he has not filed a legitimation action in court, and there are no current custody or visitation orders, then the father has no rights to the child; you automatically have full legal and physical custody and control over the children. So there is nothing else you need to do. He sees the kids according to your terms and if you do not want him to see the kids you have the legal right to do so. But since you already have custody by operation of law, there is nothing in court to file.

Answer Applies to: Georgia
Replied: 11/3/2011

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Are there any legal documents declaring him as the father. A birth certificate does not count. If not, he has no legal claim to the kids.

Answer Applies to: Michigan
Replied: 11/3/2011

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