who should file???

snozberries

I'm a single mom in souther california looking to probably file for custody of my baby. but a lot of people keep saying to let him file first...how come? does it matter who files?

PrettyInPearls23

Assuming you're unmarried, you have full custody until the father chooses to file for his custody/visitation rights.

DarthNBJenni

Exactly what PrettyInPearls said. You should file for child support. They are two separate issues. 

JCGreene85

Yep. He files for child custody and you file for child support. If you weren't married he doesn't have any rights until he is legitimized by the court.  hth

PrincessFiona9

Darth---I always hear girls say that on here, but this lady at the prosecuter's office, which is who is handling my CS case, said custody and visitation will be determined too. I guess it is probably just different here in MO. Either that or the lady didn't know what she was talking about.

Karla76058

I do not mean to hijack this post but is it also true if they are unmarried and he is on the birth certificate as the father or does that automatically make it where they both have custody rights?

sweetie0228

Karla76058:

I do not mean to hijack this post but is it also true if they are unmarried and he is on the birth certificate as the father or does that automatically make it where they both have custody rights?

If the parents are unmarried and even if the father's name is on the birth certificate he doesn't get automatic anything.  He still has to file for custody/visitation.

AND if he doesn't sign a affidavit of paternity or have a dna test done it doesn't matter if his name is on the BC if the parents were unmarried there is no assumed paternity.  You will need that affidavit of paternity  or a DNA test proving paternity for CS.