How/where to apply for joint custody of child when never married but on birth certificate?

The first thing he needs to do is establish LEGAL paternity of the child. Simply being on the birth certificate does not necessarily mean that he would be considered the legal father. He can get an affidavit of paternity from the court in the county in which the child was born. However, he should only sign it if he is 100% POSITIVE the child is indeed his, because once it's done, it would be next to impossible to have it undone. If he has any doubts about paternity, he needs to request a DNA test through the court.

Since mom is not a US citizen, the child is also considered a legal citizen in the mother's country of origin. That means the child would be eligible to get a passport issued from mom's country. Since mom is trying to get the child out of the US, he really needs to get an attorney to help him get this case in front of a Judge ASAP.

Child Support and custody/visitation are completely independent matters. One does not rely on other. A parent cannot withhold support because they are being denied visitation and vice versa. Also, the court will NOT ask why he hasn't been supporting the child. At this point, the court has yet to determine if this even is his child. Besides, paying child support absent a court order is an idiotic thing to do. As far as the law is concerned, any money given absent a child support order is considered a gift. Which means the court can order the parent to pay support TWICE.

When a case such as this is pending, the best course of action for the non-custodial parent is to set aside 20% of their earning. If they court orders retroactive child support, the parent will have the money to pay the amount in full AFTER it is actually ordered by the court.

If he has not been paying Child support he will

not stand a chance of getting custody...

The first thing the court will ask is Why haven't you been

supporting your Child ???...then the fun starts...

Even less of a chance if he hasn't had visitation

with his child...

If she is an illegal alien she cannot get a US Passport...

The Child can...she has to have the fathers permission to take the child out of the Country...due to all of the abductions...

Now comes the hairy part...

The INS can classify the Child as an "Anchor Baby:

and remove its US Citizenship she would then be

allowed to take her child with her when she is Deported...

Everyone is so upset about a Mother wanting to

take her Baby with her...what is wrong with that ???

She Loves and Cares for her Baby...

He doesn't...

I have seen the Flip side to this...

The Father fights tooth and nail and wins custody

of the Child then dumps the Kid on a relative to raise...

The reason I bring this up is because I suspect that is

what is going to happen here...

Reason...they are not talking about Full custody

but shared custody and in the next breath say she

is an illegal alien just trying to get her in trouble...

Get Joint Pain Relief Codes!

I agree 100% with what you told him.. IMMEDIATELY ask for an emergency order to prove paternity AND pending further action regarding clarification as to his custody rights.

Every state has different laws regarding unmarried father's rights, which must be heard by a court. Her legal status will have a bearing, but ALSO the fact that he is the father, and intends to clarify his own legal status as father. A lot depends on how old baby is, and where baby has lived since birth.

He needs to act quickly... I cannot stress that enough.

Your son is an American citizen and the child is an American citizen. Your son can probably apply for sole custody of the child, claiming that the mother is an illegal alien trying to secret the child out of the country. They might deport the mother but the child would have to remain here if it is the desire of your son. She has no rights in this matter.

forms are at the courthouse.

She will go to jail if she send the child out of country w/o his permission'

We have agreements with Poland and the child would be sent back.

Get a lawyer now

Tell him to get a lawyer asap.before she does send her away. They will know exactly what to do. If he doesn't have the money then alot of places will work with you and most states have legal aid lawyers. I went through the same thing but my x kidnapped my son from school. long story. Just tell him to get a lawyer. Quick!

Yes, absolutely he has the right not to let the child leave the country. ESPECIALLY if he believes she will not be brought back.

He does not have to sign the passport application, and should see a lawyer right away. He shouldn't waste any time though, because if the child manages to leave the country it'll be so much more trouble to get her back.

When you get the attorney, ask them to put your child on the State Department's Child Watch List, which will prevent your child from leaving the country, in addition to getting the restraining order to prevent the mother from leaving with the child.

Yes go to the county court house the fathers name on the birth certificate would even have more rights then the parental (blood) father.