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.
“I am pregnant and the father of my baby said he wanted nothing to do with my child, and said he refuses to give my child support because he has doubts that he’s the father of this baby. He has two previous children with two different mothers making this one with me his third; will this affect the court decision to give me custody of my child once born?”
Question: If he does not voluntarily agree to paternity, there would not be anyone else for a Court to grant custody but birth mother (you). The fact that he is a crappy father to his other children may be something that would make a trier of fact (judge) think that he would not be a good choice to be primary parent, but that is something you cannot control. What you can control are your own actions and being the best parent you can be while looking out for your baby’s best interests. If you do those things, sometimes you never do get to the (often quite difficult) point of having to prove that the other parent is somehow less deserving. Kids just have the one each biological mother and father. The time, energy and money it takes proving to someone who knows less about your family dynamic (a judge) than you (plural) often is time, energy and money that could have been spent visiting in the park, playing and buying diapers and ice cream.
