Anything will help

[Jorja09]

My son's father is in prison. He was sentenced to 8 years, but he will be up for parole in either June or July. My son was born while he was incarcerated and he is requesting a paternity test. This test will take place on 5/25, and we will be going to court for the results on 6/25. We are going to court because I applied for TANF. I don't have a lawyer and I don't know what to expect when I go to court. These are the questions that I have:

If it is determined that he is the father, will I have to add his name to the birth certificate? Currently, my son carries my last name. Will I be required to change my son's last name to that of the father?

Will custody or visitation be established at this time? Will I be required to bring my son to a prison to visit his father?

When he gets out of jail, will he be able to try and get full custody? Or could his family try to do that now?

Thank you, in advance for any advice.

 

[Proserpina]

If the paternity test proves that his is Dad, he can then petition the court to establish joint legal custody (he has no chance whatsoever at obtaining physical custody), visitation and child support. He can ask the court to add his name to the birth certificate (this is very common) - be prepared for that, or at the very least hyphenating your son's last name.

Visitation will likely be graduated at first - short periods, probably supervised, then longer periods eventually leading to overnights and weekends etc.

His family have absolutely no standing to do anything so please don't worry about them.

 

[jharris352]

Proserpina is right with ONE proviso. If his family has any grounds to try to declare you unfit, they could file for custody. I'm not talking about they can provide more than you can provide, they would have to show that you were an unfit Mother to petition for custody. That can be done, but it is very very hard.

 

[Proserpina]

Further proviso...Daddio's family would generally have to prove BOTH parents unfit to obtain custody