She left me when our daughter was 6 moths old to be with a guy who she met on te internet. I was taking my daughter,now 2/12, four days a week and she just up and left her with her disabled sister and mother. I did sign the paternity papers and the birth certificate. I also give her $75 a week for her. well anyway my ex's sister who now has my daughter and also lives with her mom in a town 2 hours a way, will not allow me to see her at all but my mother takes her on the weekends, do I have the right to go and just take her.There has never been a court hearing or anything such as that? The mother had another babyiin the mean time and just gave it away to her sister also. I want to give my daughter a stable home with my wife and our new baby. She does not need to be tossed around and I do not feel i should have to fight in court...she is mine and rightfully so, please help me understand my rights as a father. like I said no one ever had any kind of court custody or gaurdianship
2006-10-07 14:38:45 · 19 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Get a lawyer. Sitting in jail won't help.
2006-10-07 14:41:12 · answer #1 · answered by s. k 3 · 0⤊ 0⤋
As a new mother, it breaks my heart to hear this. In your question, you said that there has not been a court hearing, but I think that it is way past due. If you did in deed take the paternity tests, and it sounds like you are fit to have her in your legal custody, then you should find a lawyer and make a case. And if you have record that you have been paying her money weekly like you say, this will help your case as well. And if the judge is fair, he/she will see that you are the best fit for your daughter. She should be living with you, and not a disabled grandmother & aunt, who I am sure love her, but you are her father. As for just going and taking her, even though you are her father, this would constitute kidnapping, and this would be a fatal blow to your case. Again, if I were you, I would contact a lawyer, and take her mother to court. I wish you the best of luck and hope that you will be able to have your daughter in your life.
2006-10-07 14:54:01 · answer #2 · answered by Sandra H 2 · 1⤊ 0⤋
If you are 100% sure you are the baby's father and you have not been to court to give either of you custody then yes you can go take your child from them.
Go pick up your child and do not give her back. Contact the courts and file a case against her for abuse and neglect. Fight for sole custody. Do NOT give her any money if she haves custody then you need to pay child support legally instead of just handing her the money cause that don't count.
You might want to check with your State laws on this matter. I know here where I live if the court haves not granted custody to one parent then both parents still have custody and either of them can take the child and is legal. However laws vary from state to state so check before doing so as you don't want to be sitting in jail.
2006-10-07 14:50:09 · answer #3 · answered by larrys_babygurl_4life 4 · 1⤊ 0⤋
Your best bet is to go and file custody papers with the courts explain what youve just wrote here provide prove of job, home & even drug test if they ask.If theres any way you can get the baby in your custody then go to the courts and file but don't just take her you could be charged with kid napping or so I was told when I went through the same kinda mess.
2006-10-07 15:15:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
As long as no one has legal custody of your little girl, then you should be able to prove the Mother is un-fit. Hopefully, your past is not criminal or drug charges. If you have a clean record, then go to the local court house and file for custody. Get a good lawyer to help you. It could be that the Aunt and Grandma is getting food stamps and welfare for your little girl. All you need to do is file papers to get custody. Do it soon as , because the older the little girl gets, she needs to be rescued soon. I will pray for you. She needs to be with her good parent. There are so many children in the same boat. In our family, my son was the best loving parent. The low life Mother ran around and didn't give a rats *** for the three children. She got custody, because in our state the law if for the Mother. The father had to pay $1,300.00, in child support, and not one cent went to the children. Finally he got custody and the children disliked the Mother for the rotten things she did to them. They are so happy now. They even asked their Dad, what took you so long. Why didn't you come to rescue us sooner. He spent thousands of dollars on lawyers fee's and he said it was well worth it. So don't wait. The little girl needs her Father.
2006-10-07 14:56:13 · answer #5 · answered by Norskeyenta 6 · 1⤊ 0⤋
Go to the family court in your county and begin the process. If your income is low enough, they will appoint an atty. for you. Your child and her mother will also have atty's. DON'T DO ANYTHING on your own. There may well have been a legal proceeding that you don't know anything about. Also, I hope that you have some sort of receipts for child support you have been paying. Hopefully, your mother is allowing you to see your child. While you are waiting around , gather your CREDIBLE witnesses to your ex drug abuse. It is a common allegation in custody cases. Good luck
2006-10-07 15:01:17 · answer #6 · answered by GRANNY12GR1 4 · 0⤊ 0⤋
No, you cannot just go and "take her". I think that you are honorable for having your daughter's best interests in mind, so do things correctly. Hire an attorney to aid you in the process. If your daughter is not living with her mother, then your fight to obtain custody should not be that difficult as her father. Good luck.
2006-10-07 16:17:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Do not do that you will be charged with kidnapping if you are not the legal guardian ( the parent that she lives with) this will cause more problems and solve nothing. Turn her into CPS for they can keep an eye on her and
go through the courts if she is 6 months old it will not effect her mentally. But if you go and just take her she will have to live with the fact her father is a felon for the rest of her life.
2006-10-07 14:51:27 · answer #8 · answered by withoutaname 2 · 0⤊ 1⤋
The first thing i would do is report her to Children`s Services. Then if I had to go to court and fight for her, I would do everything I could to prove her to be an unfit mother, from your reading i don`t think that would be hard to do. if you signed the paternity papers i would think that you have every right to her just as she does, and if it takes a court order for her to let you see your child, then so be it. And if she violates a court order she could become incarcerated.
2006-10-07 14:51:38 · answer #9 · answered by mrk1980m1 1 · 2⤊ 0⤋
as someone just suggested to you file a report with children services, contact an attorney at present you are not the custodial parent thus taking the baby will get you in a whole lot of trouble and serious ones , personally i applaud you to the responsibility and initiative to give your recognized child as table home and the love she deserves but do it legally, in the meanwhile be sure your child is not in any dangerous enviroment and cared for get an attorney good luck
2006-10-07 15:23:51 · answer #10 · answered by aldo 6 · 0⤊ 0⤋
Okay first of all you need to get a lawyer. If you and the mother wasn't marriage then she has custody. DO NOT JUST GO AND TAKE HER. You will end up in jail. Call Children's Service ASAP. See what they can do to help you. Good Luck.
2006-10-07 15:18:51 · answer #11 · answered by lilbit_883_hugger 3 · 1⤊ 0⤋