Do you want to learn more about high conflict child custody resolution? Receive my brand new series Child Custody Court Processes and Case Flow here. If you want to learn more about handling child visitation issues you can find it here. Ed Brooks knows firsthand how painful a High Conflict Child Custody battle can be and has created a site where parents can get advice on how to handle all aspects of a high conflict Child Custody battle.
Society tells us that we should be responsible people. We should be loving and supporting parents. And of course we should always do the right thing even when it may cost us in some way. So what happens when a single man fathers a child with a married woman? This is certainly a messy situation, but should the same moral tenacity be rewarded? It should but that isn’t the way it plays out. Based on a true story, a father was told to walk away.
This man had a certified paternity test in hand. Was willing to raise his son and was anxious to support him financially. But the mother preferred to take assistance from the state and deny that he was the father. His first consultation with an attorney ended with him being told that he simply should give up trying to get custody or visitation with his child because he likely would not get it and he would end up being financially responsible. But he me asked for advice and here is what I told him.
Thank you for not giving up on establishing a relationship with your son. As you know, this will cost you monetarily, but like so many fathers before you, we would gladly give up the money in exchange for our child.
There are two steps you can take to get started.
1: Head down to the welfare office with your documentation. Let them know that your sons mother is collecting assistance from the state and that you are the father and can prove paternity. This should get the wheels in motion. Depending on your state they may send you to the DA to make a statement, they may order another test, or in some other way establish paternity.
2: Head to your county courthouse. You don't need an attorney (they can be helpful but are not absolutely necessary). You need to open a case. Then you need to file a motion asking for joint legal and physical custody. If the state has done the leg work of establishing paternity first, this will be much easier. If the state does not establish paternity (from your discussion at welfare), then you will need to petition the court for a paternity test. Once you establish paternity, then you can go after legal and physical custody (My guess is you are only looking for Joint custody).
As the attorney you spoke to alluded, this will not be easy. But let me assure you it is possible. Your best shot is to educate yourself about how the court processes work. Then put together a plan for yourself.
- Related Videos
- Related Articles
- Ask / Related Q&A
- Filing For Child Custody - 4 Key Tips For Winning Child Custody
- Suggestions on How to Win Child Custody
- Child Custody and Child Visitation Disputes: the Best and Worst Case
- How Fathers Win Child Custody
- Sole Custody - the Best Custody Type for your Family?
- Child Custody For Mothers - How to Win Child Custody Review
- Father's Custody Rights - Winning Child Custody For Dads
- Custody Center – 2 Important Tips to Win Child Custody




Save Marriage Before It Is Too Late – Notice The Sign of Trouble That May Lead To The Break Up
By: Natalie J. Jones | 10/11/2009It need not take your time till you actually get the divorce papers in your hand, to realize that your marriage is in trouble. There are always various subtle and not so subtle signs that tell you that your marriage is on the rocks. The sooner you read these signs and act upon them, the better it will be to save marriage. Let us look at some of these signs here.
Public Divorce Records Through Online Divorce Records
By: Ben Dave | 10/11/2009Through mail, telephone, fax, or walk-in, you will be able to perform a Divorce Records Search. It can also be downloaded online since this is now the latest in the society.
How To Stop My Divorce Right Now
By: Makoo L. | 10/11/2009You and your partner got into an argument or fight and you said “that’s it I want a divorce!” After a short time you realize that is not want you want, unfortunately you let your emotions get the best of you and burst out in anger. Now you want to know “how to stop my divorce.”
Fighting a False Restraining Order - How To Safely Maneuver This Legal Minefield
By: Drew P. Spaeth | 10/11/2009Unfortunately, as divorce has become a cottage industry, the filing of a false restraining order has become more & more common as a child custody & alimony tactic. If you are on the receiving end of a false restraining order, you have a minefield of obstacles to maneuver in order to clear your name & get back the custody of your kids. Any 1 mistake can land you in jail. Make sure you are well informed so avoid you can avoid the traps.
How to Beat a Restraining Order That Was Falsely Filed-Do Not Make This Fatal Mistake!
By: Drew P. Spaeth | 10/11/2009In today's political climate, divorce has become a cottage industry & one result has been a huge increase in the filing of false restraining orders in divorce cases. Most often, this affects the man in the divorce. If you are in this situation, you must learn how to beat a restraining order if you are to have any future contact with your children & save your reputation.
How to stop a divorce and save your relationship
By: Martin Rose | 09/11/2009This article discusses a common sense approach to stopping a divorce and trying to save your relationship. There are no sure proof methods but hopefully you and your partner want to work it out.
How To Stop A Divorce - 7 Divorce Busting Tips You Need To Know
By: JD Dean | 09/11/2009Knowing how to stop a divorce requires some co-operation on the part of both people involved in the relationship.
Stop Your Divorce - 6 Step System To Saving Your Marriage
By: JD Dean | 09/11/2009Unless abuse or a loveless marriage are affecting your relationship situation and divorce is high on the agenda, know that it's still not too late to stop your divorce.
Child Custody – What you Need to Know About How to Present Yourself and Your Case to the Court
By: E Brooks | 27/07/2009 | DivorceThe family court system has a reputation of disappointing people who think that the system is corrupt. It has also been associated with people who think that men have no rights. But the one thing that has never been in dispute is it always nerve wracking when you are planning to go before the court and plead your case.
Child Custody – How to Get What You Want From Your Court Hearings
By: E Brooks | 18/07/2009 | DatingWhen it comes to family court there is nothing more written about than people who think that the family court legal system is corrupt, antiquated, complicated, or somehow a system that fails the people in it. Despite these views it is the system you are forced to work with when resolving child custody issues. But if so many people are so disappointed in the system can you really expect the system to give you what you need? The answer is that you can if you know how the system works and know how
Child Custody Court Hearings – What to Expect at Your First Custody Hearing
By: E Brooks | 18/07/2009 | DivorceNothing puts a knot in the pit of your stomach in quite the way the way that going to a custody hearing at family court does. One of the most frequent questions I see is “What should I expect?”. Well if you haven’t been there or your last experience was bad, then you will want to spend some time educating yourself about what happens and how you should both prepare and act.
Child Custody Fathers Rights – Are Fathers Really at a Disadvantage in the Family Court System?
By: E Brooks | 12/07/2009 | DivorceThere are numerous articles, websites, and organizations that are dedicated to fighting for fathers rights. The common knowledge seems to be that father face an uphill battle and that mothers will always do better in family court than fathers. But are these based on truths or perception, or could something else be going on here?
Child Custody Paternity – Unwed Father Establishing Paternity Through the Court or Through the State
By: E Brooks | 01/07/2009 | DivorceSociety tells us that we should be responsible people. We should be loving and supporting parents. And of course we should always do the right thing even when it may cost us in some way. So what happens when a single man fathers a child with a married woman? This is certainly a messy situation, but should the same moral tenacity be rewarded? It should but that isn’t the way it plays out. Based on a true story, a father was told to walk away.
Child Custody Evaluations – I do not Like the Evaluators Report, What Can I do About it Now?
By: E Brooks | 01/07/2009 | DivorceIf you have come far enough in the court process to have had an evaluator finish and publish a report, you know that you are getting near the end and that if this doesn’t go well, you will end up having to live with the consequences a very long time. But what can you do about a report that you believe is biased, or that missed the mark on several key issues?
Child Custody False Allegations – Two Tools You Can Use to Defend Against This Very Personal Attack
By: E Brooks | 26/06/2009 | DivorceThere is nothing that is more surprising or hurtful than the bitter sting of a personal attack. And no attack is more personal than being falsely accused of something that involves your child. Whether it is an accusation of directly harming the child like a physical assault, or mental abuse, or if it is an accusation in an attempt to keep you from seeing your child like drug, or alcohol abuse it is all very personal.
Child Custody Visitation Exchange – How do You Document to the Court That Exchanges Do Not Work?
By: E Brooks | 21/06/2009 | DivorceI have recently been reminded of how difficult a seemingly simple exchange of the child can be. I heard yet another horror story of how one parent made a huge problem over nothing. The questions are, can you stop it, can you prove it is a problem, can you ask the court to help stop it? It all comes down to documentation.