Will My Custody Rights Be Challenged if I Wed?

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My daughter’s father moved to another state and we have been separated for almost a year (we aren’t married). My current boyfriend proposed and I would like to know if I can marry my fiancĂ©e and keep my daughter if her father files for custody? Or do I have to wait until he files for custody? I am at this moment the sole parent of my child.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You’r act of marriage will not have an impact on your custody case directly. However, there may be some indirect legal issues that can arise as a result most likely pertaining to child support. Most courts prefer to foster a child’s relationship with both parents. Unless there is domestic violence or other unsafe issues at hand, you should be able to retain custody of your daughter regardless if you decide to marry or not. Follow-up with a family law attorney in your local to get legal advice about your matter.

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Author: House Attorney