does a father have any right even if hes not part of the child's life?what can i do legally?

Question

my sons father was never part of his life he doesnt even know his name or birth day can he still take any kind of legal action to get custody

Answer 1

As long as he is physically the childs dad, he has a right. Show to the courts he was never around. Ususally easy to prove by records such as medical, if you have insurance for the kid but he doesn't, reciepts for clothes, also helpful to show the court you don't live together.

If he is not a part of this childs life, why is he comming back now? Courts will always be in favor of the mother during the first couple of appearances for sure. I've had lots of evperiece with my friend who has two kids from two different dads who are both dead beats. Their only defense in getting a good amount of rights to the child is to somewhat prove you unfit. If they can't, the most they will get is visitation.

The things i've seen said in the court room is "she's a drug using" "alcoholic" "neglects the child" If this happens, most likey they will do a urine or hair test for drugs, and blood or alcohol testing. Even if you drink a few drinks once a week, its best you lay off all together cause defense attouneys will look for the smallest dop of evidence to blow completelety out of porportion. Its best that you agree with them in getting the tests done to and don't fight it.

In order to prove neglect of the child, they will have to take it in to be examined and the childs medical records may be obtained and opened for the court in order to prove past history (only if your ex claims past abuse requiring hospitalization.)

Depending how old the child is, they may set of a meeting with a psychologist to do routine psychotherapy testing (answer questions, draw pictures, and the famous ink blots) To tell if the child has been abused or not. This will also be good on your side if the child says he has never seen his father at all.

Hope this helps.

Answer 2

Wow, I know all too well this situation. The "sperm donor" of my daughter has had nothing to do with her for almost 4 years. I finally decided to take my own action and I am currently awaiting a trial at family court.

If you don't want this man to have anything to do with this child, I recommend hiring a lawyer and getting his rights taken away. Right now, you have physical custody of your child, and there is nothing he can do other than pursuing legal action. In this case, the judge will most definitley take into account the fact that he has been absent from your child's life.

If you want him to be part of this child's life, then you need to (again) hire a lawyer and go to family court to set up visitation and child support.

I'm going to warn you...it's a very trying and time consuming process. But it's worth it, and it's something that you have to do...for yourself and for your child.

Answer 3

Very unlikely especially if he doesn't have a good track record with being a part of your son's life. Now if he has been a part of his life than he would have paternal rights but if he comes back in his life now and wants to cause trouble all you have to do is take him to court because that is the first thing a judge considers is if the father has been an active participant in that childs life and if not they don't have a foot to stand on and might as well sign away their paternal rights. Trust me I know from experience! Good Luck!

Answer 4

If you want to stir up the sh*t pot, sue him for support. Court dates, endless fights, driving back and forth and a kid that's stuck in the middle. If you aren't strapped for cash, tell him to take a hike or you'll sue his azz for support.

Child support can be a great bargaining chip if you want him to go away....On the other hand, if he's been out of the picture and you whip this on him out of the blue, get ready for a long drawn out fight that will last for YEARS. After all, he's going to want something out of it. And that something may be a relationship with his son, or to make your life hell or both. Either way, you want money from him??? Get ready for him to be a part of your life again for a looooong time.

Oh and for those gals out there that think they are cute using the term "sperm-donor"...Think of what that makes you...A "sperm-receptacle." Not so cute any more huh? You are exactly 50% of the problem, don't ever think otherwise.

Answer 5

if you have not filed for full custody, legally both of you have joint custody. (doesn't this suck?)

and yes he can take action, however, the question will be if a judge grants it. as he left you with voluntary custody, you would have to be deemed as an unfit parent fo rthe judge to grant him such a stupid request. what can be granted is visitation. no judge will turn him down for that. any parent is granted visitation as long as the child is considered a minor. supervised or otherwise.

Answer 6

If that's his son and a paternity test proves it -- he does have rights. If nothing else, he can insist on visitations. The only way I can see him getting legal custody would be if the courts deemed you unfit to raise your child.

Answer 7

He can take legal action but it is highly unlikely that he can win. The judge will take into account his past record of ignoring the child. Don't worry about it. Is he paying child support? You need to go after him for that.

Answer 8

Is his name on the birth certificate? Did he ever sign an acknowledgement of paternity? Was there ever a paternity test?

Those are big questions anyone that might can help will need to know.

Answer 9

If he is on the birth certificate as the father he has the same rights you do. I would contact an attorney about having his parental rights terminated.

Answer 10

Custody sounds doubtful, unless you were a danger to the child. However, he may, and should, be able to get access rights.