I also found out that the father never signed the birth certificate. He is already seeing and living with his new girlfriend.While he left his child to live with his mother in another town. All I want is visitation rights is this even possible. Me and my sister were very close and I love my niece I want whats best for the child. And keeping her away from my family is not right. We had no idea that my sister would ever die she was 25 and died of the complications that she devolped while she was preganent with the 2nd child who also died a week before my sister. my sister passed away on mothers day.If any one can help out with any legal advice please respond back as soon as possible.
2006-08-30 03:07:27 · 7 answers · asked by ariana 1 in Family & Relationships ➔ Family
The father, even if not signing the birth certificate, will get first dibs on the child if he has been in any way involved in the upbringing of the child.
But if he left the child with his own mother and is seen to be starting a new life without the child (does he have plans to get the child later?), then you have to move now. As a close sister, you have just as much right to the child as his mother, especially if you can show that you can provide a more stable environment.
But if all you want is visitation, you should consider talking to his mother. Have you been told that you can't see the child?
2006-08-30 03:16:14 · answer #1 · answered by Pink Denial 6 · 0⤊ 0⤋
Go to the court house and file paperwork for temp custody, then as others say get a family lawyer. They will post in the paper that you wish to take these kids on, but do not worry about it, if he has not been there up to now he will more then likely not be there later today either. Did she leave any type of legal paperwork, or are there any witnesses that can come forward and say this is what she wanted IE: talked about it to parents or friends? It will be a fight, but he will need to prove that he is the father if no paperwork is out there that he is. Can you prove UN fit? Has he be in trouble with law? Drug use or something that maybe caught in a test? How clean are you? Never ask for a test that you are not ready to take either. How about where they live? Safety screens on windows etc. Good luck, and spend money for a good lawyer. There is a reason why great lawyers cost good money, and cheap lawyers are cheaper.
2006-08-30 03:25:22 · answer #2 · answered by wmkinger 2 · 0⤊ 0⤋
I strongly suggest you seek a family court lawyer for advice as this sort of issue varies from state to state. I am not understanding why if the father is not on the birth certificate WHY his family has custody of the child. I can't fathom why they would have legal custody, unless he is either on the birth certificate as father or there was DNA testing done that proved his paternity. If that is the case then he has every right to put the child into the hands of his family to raise although I think it would be rather crappy to do so considering HE is the child's parent and should be doing his job as such. But you need to seek a lawyer to help sort this out. Good luck
2006-08-30 03:56:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Life has certainly thrown some bad stuff at you. I'm truly sorry for your loss and that you will have to deal with such a loser. Yes, blood relatives have legal rights, but it won't be easy. If the dad isn't on the birth certificate, I wouldn't think he has any legal rights and neither would his family until paternity was established. It is also possible that he and his family wouldn't be agreeable to visitation, so if you truly want what's best for your niece, then be prepared to seek custody.
Good luck and get a good lawyer.
2006-08-30 03:26:35 · answer #4 · answered by jiminycricket 3 · 0⤊ 0⤋
No 1. Start with a good lawyer. You would need to prove him mentally incomptent due to a physical illness when he married his next wife. This would require acess to his medical records during the time leading up to his marriage. It would also require statements from his treating physicans as to the competency of his decesion making abilities. Being that you are not legally married to him you would not have acess to them but a good lawyer could probably get to them through the right channels. I do feel that he has a financial obligation to his children and some of his estate should be held in trust for them. This would more than likely be a probate and court decesion. I do not know what the laws are like in your state.
2016-03-27 01:12:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'm so sorry. Was anyone named as godparents? Go see a family lawer. Most consults are free and they can tell you their opinion.
2006-08-30 03:13:54 · answer #6 · answered by Fleur de Lis 7 · 0⤊ 0⤋
Just find a family lawyer......Sorry for your loss
A family lawyer is one who specializes in family matters.......
2006-08-30 03:11:31 · answer #7 · answered by mom of a boy and girl 5 · 0⤊ 0⤋