I have a daughter with someone. At the time we were and are not married. We split up after 8 years. Our daughter lives with me 24/7. He does not give me support. He is listed on her birth certificate. I want nothing from him that is why I have never filed offical court papers establishing paternity, support or visitation. I need to know what his rights are in regards to her. Can I keep her from him legally because we receive nothing from him? Can he come over and just try to take her by force with police involvement?

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Question: I have a daughter with someone. At the time we were and are not married. We split up after 8 years. Our daughter lives with me 24/7. He does not give me support. He is listed on her birth certificate. I want nothing from him that is why I have never filed offical court papers establishing paternity, support or visitation. I need to know what his rights are in regards to her. Can I keep her from him legally because we receive nothing from him? Can he come over and just try to take her by force with police involvement?

Answer: If his name is on the birth certificate the court will consider him the father, especially if you were married at the time. He cannot come and take her without a court order, which would mean he would have to go to court and get custody. Assuming you are a good parent he would most likely not get sole custody. You may want to talk to an attorney if you are concerned he is going to try to take her. It may be in your best interests to take him to court and establish sole custody.

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