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i live in mississippi and my son’s father moved to maine. shortly after he moved we broke up. we were no married. since then he hasn’t called, written, or sent anything to our son. he just contacted me asking to see our son. i have no problem with him seeing him, but i need to know if there is anyway i can keep him from taking my son or if i can get full custody of my son without his father having to allow it?
Asked on June 3, 2009 under Family Law, Mississippi
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should probably file an application for child support, and you can do that at the county courthouse without a lawyer, and you might even be able to do that over the internet.
And, if possible, you should talk to a divorce lawyer, about whether you need to apply for a formal custody order, on top of that. The laws in some states differ slightly, and I'm not a Mississippi attorney. One place to find qualified lawyers is our website, http://attorneypages.com
In many states, a single mother has full custody, automatically, under the law. Whether getting a court order helps or not, depends on all of the facts.
Remember, the child support isn't for you, it's for your son. And child support isn't "payment" for visitation, your son's father does not get to choose not to pay it, by not seeing the boy.
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