How does a father get temporary custody of his children when there is no divorce?

miekie: How does a father get temporary custody of his children when there is no divorce?
If the parents were never married, but is no longer together, how does the father file for temporary custody? And after temporary custody, how will he go about filing for full custody? What is proof enough to a court that the mother is completely unfit to be the custodial parent?

Answers and Views:

Answer by GretchenA
This really depends on the state in which you live. I am an attorney in Louisiana. Here, I would just file a Petition for Temporary Custody in which I would ask the court for a hearing to determine custody/support issues while parents are living separate and apart.

Answer by Savannah
If she is unfit, she is unfit. Whatever proof you have of this fact should be given to a lawyer and you need to tell them you want custody.

Answer by Alex
Your name has to be on the birth certificate if it is not you will have to pay out of pocket to prove and sue to that he/she is yours.

Then you can go to court only after you have payed child support consistently and paid any back child support first.

If not your screwed.

Answer by Wendy
Your fist call/stop should be to the courts then a lawyer. Good luck

Answer by Let it ride
Go to court and file for it…proof would include:

1. Photos of neglect, unfit home conditions, etc.
2. Legal documents (like arrests)
3. Health information (like rehab)

The father might just want to drop the dime via CPS and go from there…you have to prove the mother is unfit and that takes time and hard evidence.

Answer by Wild Ivy
You can’t file for temporary custody unless you are the legal father, so confirming that is the first step. Did you sign a paternity affidavit for the children? Are you on the birth certificate?

If yes, then you will need to file a petition with the court asking for a determination regarding custody, parenting time and child support. Rules of evidence vary by state, but most state family courts operate on the “best interests of child” principle – meaning in order to modify custody you have to prove it is in the children’s best interests to do so, and you don’t necessarily have to prove that the mother is “unfit” – that is a rather outdated concept in family law. There are a number of strategies, and commonly it is now more effective to show how your home/life/situation is in the children’s bests interests (more stable, better school system, able to provide reliable transportation, etc.) versus the mother’s (has she moved around alot, can’t hold down a job, has a history of drug/alcohol abuse, no driver’s license, etc). If you cannot afford a custody evaluation, you might ask the court to appoint a Guardian Ad Litem for your children. A GAL is a specially trained representative (often an attorney, social worker, or paralegal) who can conduct interviews, home visits and evaluate the case with the goal of providing a recommendation to the court on what he/she believes is the best environment for the children.

On average, custody cases in the US can cost as much as $ 40,000, and few parents are prepared for the emotional or financial impact of this type of litigation. Don’t go to court expecting justice in a family law situation. Before you engage in adversarial litigation which could cause more harm to your children, explore all other options first – ask about parenting coordinators and counseling. Courts are becoming somewhat more progressive (depending where you live) and will provide more resources to families who want to avoid litigating their cases.

Answer by DadsDivorce.com
First and foremost, you need to hire a well-seasoned family law attorney who is familiar with paternity, custody, support and the laws relating to unfit parents. As each state’s laws are a bit different, only a licensed attorney in the state where the child resides can answer these questions for you per your specific circumstances. However, there are some generalities that we can address.

As others have stated, if you are not the legal father then you need to be so. The first source I have posted is a link to an article explaining the various ways to go about establishing paternity. You should be aware that having established paternity does not necessarily give you custodial or visitation rights over the child. This is also explained in the article.

To answer your question in relation to the proof needed to prove the mother is unfit, you need to remember that most courts decide custody issues based on the ‘best interests of the child’ test. This test is made up different components which can differ from state to state. Components can include moral fitness of a parent and the respective environment offered by each parent.

Proof as to these components could include his testimony (and other first-hand witnesses) as to how much time each parent spends with the children and the activities each parent does with the children. If her activities outside the home are affecting the children, such as coming home intoxicated, this is also a factor.

Again, as these are state specific you will need a family law attorney to help you determine what constitutes as evidence for proving that the mother is unfit to have custody of the child.

You should begin keeping a journal documenting what she does that you deem to be proving unfit. It will help you remember details when you begin the legal process.

You might want to check out DadsDivorce.com, even if you were never married, as they have tons of articles in relation to this topic and other topics surrounding children and custody. You might also want to chat with the guys on the forum section about this to see what experiences they might have to share with you.