my babies' daddy is a real deadbeat, and i don't want him to have anything to do with my kids. he isn't on their birth certificates, and they both have my last name. i know that if i get child support from him, that doesn't give him any rights as far as visitation, but can i go a step further to make sure that he can never get custody of my kids? he was abusive towad me when we were together, both phisically and mentally, and his whole family are alcoholics. what should i do??? should i continue to get child support?
2006-07-31 09:19:06 · 4 answers · asked by trisha_r_c 3 in Family & Relationships ➔ Other - Family & Relationships
oh, i forgot to mention something. when i got a court order for child support on the first child, the woman from the enforcement office said he has no rights unless he hires a lawyer and legitimizes the kids.
2006-08-02 12:24:06 · update #1
It's called parental rights. If you don't want him to ever have custody of the kids, you need to prove that he is an unfit parent and will never change. Otherwise, yes, he can get the kids. Child support is irrelevant.
Check with a lawyer in your state.
2006-07-31 09:30:15 · answer #1 · answered by ntoriano 4 · 2⤊ 0⤋
Although he is not on the birth certificate (assuming he did not sign an Acknowledgment of Paternity at the hospital when they were born) if you do seek child support he does have the RIGHT to get visitation unless you can prove he is a threat to you &/or your children. Now to ensure that if anything ever happens to you, he nor his family can get custody of the children, you need to prepare a Living Will and also purchase some type of life insurance for yourself stating that the care of your children will be (say a relative) who will have limited executive power over the money left for your children. Meaning they can't blow the money you left for your kids on a brand new Cadilac or other no-essential things. You should see an attorney who can instruct you better or visit a web site dedicated to preparing Living Wills and complete one online and have it certified by a notary (your local currency exchange or city/village/town hall has one).
Good Luck to you and your children.....
2006-07-31 16:29:16 · answer #2 · answered by HotSpicy_Creole 2 · 0⤊ 0⤋
If he isnt on the birth certificate, and hasnt taken a paternity test..there is no proof he is the dad... If you go after support, then they may prove the fact he is the 'father' and then there are more issues for you to deal with. If you dont want him in the kids life...dont go for support, figure it out on your own. If you get support, then he will get visitation rights. So you have to decide what is more important to you..money, or your children... I have been in the situation, however, my sons biological father stood in front of a judge and said he would never pay child support, and even though his family was decent..he was a good influence on my son, and I stood for what I believed..judge said if you dont pay..you dont see.... My husband now, has adopted my son..and we are moving on.... dont push it w/ him if you know in your gut he will not be a good influence... oh and make sure you create a will....so that if something does happen to you.. you leave them w/ someone you trust... if he hasnt proven he is the father..he has NO RIGHTS.
2006-07-31 16:34:41 · answer #3 · answered by jh 3 · 0⤊ 0⤋
Listen babe, if you die, he doesn't have to ask for custody... He can just walk right into funeral parlor take them if he wants them!!!
2006-07-31 16:28:50 · answer #4 · answered by Married Male 2 · 0⤊ 0⤋