He's in prison for revoked probation, but he was on probation for assualt. His name isn't on the birth certificate, and there has been no DNA test to prove paternity. I just want to know if he can make me put his name on the birth certificate after proving paternity, and start a suit for full custody.
2006-06-19 09:30:55 · 34 answers · asked by black_temptress_2004 1 in Politics & Government ➔ Law Enforcement & Police
~~it is possible for him to get the courts to allow him the right to DNA testing, and it is possible for him to petition the courts for custody, given your age the courts would also ask your opinion of the situation, but his chances of winning are about the same chances an icecube has for survival in the sahara desert~~
2006-06-19 09:36:57 · answer #1 · answered by Anonymous · 1⤊ 0⤋
His being in prison in no way negates the fact that he's the father of the child. He does have legal rights whether you agree with them or not. It would be joint custody and you would be the primary provider. Having sole custody, depending on your states definition, does not mean that he is not allowed in that child's life when he gets out of prison. The only way to have TRUE sole custody is to get him to relinquish his parental rights and from what you've said about him, that's not going to happen. If this individual is a " risk" to have around you and your child then I would suggest a restraining order, before he's paroled, to protect you and said child.
2016-03-26 21:53:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, he can! The same exact thing happened to me a while ago with the same circumstances and everything. I thought there was no way he would ever try to get custody after being in prison so much but he tried anyway. It took a nearly two year court case to figure it out! He got his name on the birth certificate, joint legal custody, and visitation. (and my daughter had never even met him prior to this as he showed no interest in her for six years) It is a huge load of BS and I know now that it really can happen - so just be prepared and don't give in no matter how long he fights for custody!!!
2006-06-19 09:39:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
There are always lawyers who will take his case, but the honest ones will tell him it's not worth it. You would have to really be in a bad position to lose custody to a criminally violent man who got his probabtion revoked. He could have a paternity test ordered and his name put on the birth certificate, and maybe even get visitation (though you could point out his recent history and the fact that he's been out of your child's life-- that could be psychologically detrimental-- and get supervised visits) but custody would be a real long shot... at least right out of prison. Even if he got all of that done, he would them be liable for child support, and a convict isn't going to have a lot of money with the limitations his criminal history places on the job market for him. So that means he will probably not want to pay it, therefore it wouldn't be financially beneficial for him to pursue a custody case that he most likely would lose, but get the child support stuck to him for his efforts.
2006-06-19 09:37:28 · answer #4 · answered by dark_storm73 3 · 0⤊ 0⤋
He can file for anything. It doesn't mean he will get it, but it does mean it can go to court if he can get a lawyer. The best thing you can do at this point is have a DNA test to prove paternity and get a good lawyer. Also you need to document any violence toward you and/or your children. It would be unusual for a judge to award custody to a parent that has anger and violence issues. He will probably attempt to discredit your reputation and say you are an unfit parent. You need to prepare for that issue. You can also call the Spring or a women's shelter for help. Often they will have a lawyer that can recommend to you what you need to do.
2006-06-19 09:58:49 · answer #5 · answered by Jean the Bean 1 · 0⤊ 0⤋
He can do whatever he wants...and scarily, he could be successful. This doesn't mean he will be. Has he ever had contact with your child? If it has been more than two years (that is the limit in most states, Florida I think is one year-check to be sure) then if he files, you can countersue to relinquish his parental rights on the basis of abandonment.
As long as there is no court order currently in place, and he has no parental rights to the child, is not listed as the parent, etc. there is no reason you cannot move....and leave no forwarding address. If you fear this guy, and think he will make things difficult for you and your child..more than any good he could do as a father...then consider it. It is scary what can happen when you get in front of a judge...
p.s. I am not trying to scare you...I am just being realistic...I read the answers on here, and I don't know how many of them are accurate...people and their lawyers are very capable of twising facts to make you look bad....if you really don't want this guy around...don't let him find you for awhile.....I am not being silly, but looking back, I would have been long gone, and way better off. On the other hand, if you think he could be a good father...then why not give your child that benefit? You know the situation, not me.....best of luck to you!
check out noni's answer....she is right...I have seen it happen before too...
2006-06-19 09:35:44 · answer #6 · answered by loubean 5 · 0⤊ 0⤋
He can request a DNA and if he is the father then he has every right to be put on the babys birth certificate....as for full custody he may have alot of trouble doing that because of his prison record...good luck
2006-06-19 09:34:06 · answer #7 · answered by celine8388 6 · 0⤊ 0⤋
I work in for Family Services in the state that I live in and all I can tell you is what I know usually happens..the court wants what is in the best interest of the child. Most judges would not think that placing a child with a father who just got out for assult would be in the best interst of the child.
Yes he can petiton if he wants but he , in my opinion, does not stand a chance for full custody. Supervised visits, maybe but I doubt the court would award him full custody. Get the advise of a lawyer so that you are aware of your rights and how to proceed with this issue.
2006-06-19 14:05:00 · answer #8 · answered by A M 3 · 0⤊ 0⤋
He can't make you put his name on the birth certificate, but he can file with the courts to determine paternity, and ultimately file for full custody. YOU can take a proactive stance here though, by filing for a restraining order against him to be active from the time of his release. Find an attorney and discuss your options with them. Good luck!
2006-06-19 09:33:43 · answer #9 · answered by loving father 5 · 0⤊ 0⤋
He can file all he wants, let me just tell you, that when U are in a custody battle the judge does not care about you, or the father.. what he cares about is the child. So if he has been in prison for assault, do u think the judge is going to give your child to him? I don't think so, It is in the best interest of the child to stay where he is.. as long as the child is being well taken care of. It is stability. Like I said he can take u to court all he wants,, it just dosent mean he is going to get what he wants. Good luck to you!
2006-06-19 09:35:12 · answer #10 · answered by michelle b 4 · 0⤊ 0⤋
Unless he can prove your a un-fit mother you have nothing to worry about and even if he does try to sue for full custody 9 out of 10 times custody will go to the mother I mean he whould have to prove your an unfit mother=you neglect your kid, no food in the house, no clean clothes, a un-kept house, etc so don't worry sweetie and best thing you have going for you is he is a ex crinmal, they usualy never give custody to a ex-felon, so don't sweet it!!! no need to worry about a lawyer yet!!
2006-06-19 09:46:32 · answer #11 · answered by Anonymous · 0⤊ 0⤋