Is it Possible for My Son’s Father to Obtain Full Custody?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

My son’s father is suing me for paternity as well as custody for our 9 year-old son. Our son has lived with him for the past 5 years. Is it possible for my son’s father to obtain full custody? He currently has a lawyer and I do not.

Generally, the terms regarding child custody are discussed between the parents and then submitted to the court for review and approval. If your child’s father seeks to obtain full custody (which may be legal and/or physical custody), he will have to present a compelling case as to why his request should be granted. A sole legal and/or physical custody request is rarely granted in most states. You should contact a local family law attorney and discuss the facts of your case in more detail with him or her.