What steps do I need to take to ensure that my 3 year old son’s biological father does not get sole custody of him?

UPDATED: Oct 30, 2012

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What steps do I need to take to ensure that my 3 year old son’s biological father does not get sole custody of him?

I have been raising him by myself since birth.

Asked on October 30, 2012 under Family Law, Florida


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first and foremost step is just to be a good mother so that the courts don't have a reason to remove custody from you and give to him.  If you've been raising this child on your own and the child has developed happily with no support from biological dad, the courts are not likely to give him custody-- even if he would like it. 

If you don't have any custody orders in place, then it would be a good idea to go ahead and file a custody suit to have him officially named dad that orders him to pay child support.  Also in this suit, you would request the court to grant you sole custody and extend him supervised visitations since he has had so little contact witht he child.  

If there is a new "dad" in the picture who is willing to be a real "dad", then you may want to consider seeing if biological dad will terminate his rights so that new dad can step an adopt your child.  This is not required, but it is an option to explore if you have the opportunity to do so-- espcially considering bio dad's lack of interest at this current time.

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