the father is threatening to take the child away, or at least take 50% once the child is born, and he's totally unfit. Can I do anything legally to prevent this prior to the birth? I'm 7 months right now. We live in California
2006-10-02 11:57:25 · 8 answers · asked by helpplz 2 in Politics & Government ➔ Law & Ethics
answers to the QUESTION POSTED posted would be helpful.
But, since you must know...The father was on a healthy path to change for the better of the child, but he's proven he cannot be a responsible parent. Won't go to any octors appointments, birthing classes, take any responsibility for the child while in utero, yet expects to take 50% "ownership" upon birth. He's had two DUI's, + a wet reckless, and was recently removed from the home by the police for getting physical with me while pregnant. Yes, I have the pictures and the file number. Yes, I have the money for a lawyer, he will get it from his parents (they've already bought him a condo to live in rent free while going to school, and more than two cars) but he doesn't have his own money, he doesn't have a job anymore. He still hasn't paid a dime towards medical expenses or anything relating to the child. He has walked out yet believes he has the right to come back at the birth, which I believe is completely wrong.
2006-10-02 12:27:10 · update #1
There has to be a child to have a custody hearing. I urge you to get a restraining order on this man ASAP. He will have to prove that he is the Father by a DNA test. Let the creep know that the DNA will also go to the cops, in case he has committed any prior crimes.
2006-10-02 12:12:14 · answer #1 · answered by Anonymous · 1⤊ 0⤋
yes, you can begin the paperwork. of course child support will not be established until the child is actually born, but it is helpful to get the paperwork started prior the baby being born so the court date will be set early. and yes since you still have two months to pop, you should get started. and FYI, unless YOU the mother are an unfit mother, he can't have full custody. guys can be so stupid when trying to control you. i strongly recommend you do this immediately as there is an established restraining order after the filing. this will protect you as it seems he may try something stupid.
try getting an attorney if you can afford one. It is possible to petition the courts to have him pay the legal fees or a portion of it, so don't think an attorney is too expensive.
paralegals can do the paperwork for you for a lesser price so check services in your area.
also check your District Court website. often they have the forms on line and a self help booklet for you to read.
and the courts do have a free legal aid service onsite, you just have to be there real early to get seen that day.
2006-10-02 12:28:45 · answer #2 · answered by Bella 5 · 1⤊ 0⤋
Without the establishment of paternity, the father does not have the legal rights and responsibilities of a parent. Establishing paternity is necessary before custody, visitation and child support issues can be addressed by the court. Paternity can be established by signing a Declaration of Paternity form or by asking the court to enter a judgment of paternity after DNA tests are confirmed, or if the father (if unmarried) is allowed to sign the Birth Certificate.
If a father becomes involved with his child early on, he is more likely to continue to care for that child both financially and emotionally in the future.
2006-10-02 12:22:14 · answer #3 · answered by JFAD 5 · 1⤊ 0⤋
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It seems that you are also somewhat unfit when you allowed his sperm to impregnate your egg. But both parents should have equal rights. But the fact is that the mother usually is given more rights.
If you want to show a court that the father of your child is unfit, you had better get all the facts in order and have plenty of good witnesses. You must document his threats with proof from witnesses. You will need a good lawyer and money.
If you are not married to him, then he has to prove he is the biological father. That isn't too difficult usually, but can't be done prior to birth.
1. Document any and all his bad behavior. Get witnesses.
2. Make your home safe from intruders. Or make your home somewhere he can't find you, maybe in another state, maybe before birth of his child.
3. You might change your name, if you really don't want him to find you.
I hope if you have a son, that you don't circumcise him. Circumcision is an old barbaric custom designed to make masturbation less comfortable by cutting out 30% of his sexual nerves and removing the protection of the foreskin gives most of the remaining nerves. So when he gets old like me, he will have very little sensitivity left.
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2006-10-02 12:18:29 · answer #4 · answered by James S 3 · 0⤊ 1⤋
Maybe next time you will think twice before you sleep with someone that is unfit to be a father. Every time you sleep with someone you should consider the possibility of becoming pregnant as no birth control is one hundred percent. Being alone is better than being with a jerk.
2006-10-02 12:16:08 · answer #5 · answered by Peaches 1 · 0⤊ 3⤋
keep records of his conduct and threatening behavior and contact a lawyer. Are you positive he is the father? do a DNA test anyway. bottom line it is up to the judge. do you have the ability and $$ to care for the child better than him?
2006-10-02 12:07:51 · answer #6 · answered by rwl_is_taken 5 · 1⤊ 0⤋
Look in a mirrow, ask yourself why. Then ask at a legal ad office, not Yahoo answers. Although both might apply to why.
2006-10-02 12:10:24 · answer #7 · answered by Cars 2 · 0⤊ 2⤋
Who sleeps with someone like that in the first place, and has a child with him???
2006-10-02 12:05:40 · answer #8 · answered by Nicole 4 · 0⤊ 2⤋