no she doesn't... exposing the myths

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Posted by:

Frank

on May 27, 2005 at 20:52:45:

CA Girl, she does not have custody. What you are saying is a common misperception, but it is all a myth from a technical standpoint.

Myth #1: If the parents weren't married, the mother has custody. Truth: No, the marital status has no bearing at all unless paternity is contested. If paternity is contested, but it becomes proven, the father has full equal rights.

Myth #2: If you don't want the father around, it is ok to leave his name off of the birth certificate. Truth: Actually, if it can be proven that you intentionally left his name off, that is falsification of vital records. It is also wrong to take that attitude.

Myth #3: The child is too young for parenting time. Truth: The child is never too young to be with a parent. The tender years doctrine has been rendered illegal.

Myth #4: The mother decides whether or not the father can have contact with the child. Truth: Both parents have an equal say in all things related to the child, including parenting time issues.

Myth #5: The mother has the child in her possession, so therefore she has custody. Truth: She doesn't legally have custody until a judge says so. She will have a better chance at custody if she cooperates, shares the child and promotes the relationship between father and child.




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