You should just file for sole custody of your child. If the father is in jail and he is not on the birth certificate then he would have to prove that he was the father by taking a partentily test when he gets out of jail. But it is smart to get sole custody so that you don't ever have to have this hanging over your head down the road. When you file for custody you need to also file for child support,you have that right and you do not have to prove that he is the father. When he gets out he will have to get a job and pay you back child support. If you do not file for child support you will not be able to file after he gets out and exspect him to pay any back payments because the law now states that you have to file to recieve child support and if you don't then you will only get child support when you file later down the road and you won't be able to file for any back support unless it has already be ordered though the court.
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Submitted 113 days ago...
How do I get Sole Custody of my Daughter
Hello. I live in California. I have a 3 year old daughter. Her father was in jail while I was preganant, and was released a week after I gave birth. He wasn't around at first, then was there for a few months. He ended up going back to jail. (and is still there) He is not on her birth certificate, since he was not there to sign it. I am not sure why he is in jail, or how long. But it has been almost 3 years since he's been there, and I want to be sure that I have full custody. SOLE custody. I do not want to take the chance of him trying to pick up our daughter, as he is a complete stranger. I know my daughter, she is sensitive. If he comes out and tries to be a part of her life, just to go back to jail, her heart would be broken. She is shy at times, and would only go with him because he'll call himself "daddy". She wants to call someone daddy. She has a father figure, but I do not allow her to call him Daddy, due to not knowing what's going on with her real father. I just want to be sure I have sole custody to protect her from so many emotional damage that could be done, when her father is released from jail. Please if anyone knows how to get sole custody, please help me. Thank you.
Submitted 57 days ago...
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