How do I go about getting sole custody?

[Amie]

uh...ripping a child away from the only parent he's known is very unfather like.

Too Add: You're not understanding the terms. Sole custody means you have all rights while the mother has none. That means sole legal and physical. There are two custody rulings that go into a custody agreement. From there child support, and sometimes parental support, depending on which state you live in.

Right now you have no rights until you prove you're the father so that could mean your ex has sole custody, but technically there's nothing on paper, at least so far as you've told me. Most of the time its Joint Legal and Joint Physical with one parent the primary or custodial, parent. Which means Legally both parents have rights to make decisions concerning the child's welfare, education, and religion. And both have Physical rights meaning spending a certain alloted time with the child. I don't know if its an actual law but every family court judge should act in "the best interest of the child". Most of the time it is in the best interest of the child to bond with both parents.

You need to file a petition to establish paternity and custody at the court and get her served. Every state has a different way of handling things and different laws so I can't give you much detail. Consulting an attorney would be a very good idea just make sure you get a sensible one. If he's trying for sole custody, without substancial evidence of her being unfit, then he's just trying to fatten his pocket book.

Most of the time if you ask to have joint legal and physical you'll get it. Joint Physical doesn't mean 50/50 just means as I explained before--you have rights to see your child as he does to see his father. If you have less time than the mother it's sometimes referred to visitation.