My fiance's mom is a liar and tells him the baby is not his. Therefore he refuses to pay medical bills and other expenses for HIS unborn baby. My mom has contacted an attorney.. however they said we have to wait until its born. I cant help but think there must be something I can do before it is born.
2006-10-07 15:03:59 · 9 answers · asked by KelBean 4 in Politics & Government ➔ Law & Ethics
I want her lying STOPPED.
2006-10-07 15:07:02 · update #1
Although you might be able to get those in the forefront of the anti-abortion movement to help you prove the point in law that an unborn, non-viable fetus is a human being for this purpose, I think it's a waste of time.
On the other hand you should be thinking now of "applicabloe law". You have a unique opportunity -- assuming you have the money to do so -- to move to a jurisdiction that will give you the legal result you want: to get rid of the putative father and his family.
Two criteria determine almost everything regarding parental and children's rights: (1) the best interests of the child and (2) the habitual residence (not the domicile) of the child. And the child's "habitual residence" is defined as the child's residence for the past six months (except that removal of the child from that place without the consent of the other parent won't be given effect). For a newborn child the habitual residence is the place where the mother lived at the time of the child's birth, absent any contrary common understanding of the parents.
That habitual residence rule (which may conflict with the law of domicile, but in the USA usually doesn't) derives from The Hague Convention on Child Abduction.
All of this is important because different jurisdictions have different laws, and some will be more helpful to you than others. When I did a study on this a couple of years ago, for example, California was a better place for the pregnant woman to settle than New York or England. The concern then was child support as well as custody. The woman had a connection with all three places, and could afford to move to whichever helped her case the most. Also, immigration law wasn't an issue.
On that latter score, you might think -- if it's feasible -- about giving birth in Canada. To explain why would take another essay.
2006-10-07 15:10:46 · answer #1 · answered by Anonymous · 3⤊ 2⤋
You can't stop someone from lying. It's called Free Speech. If you are the custodial parent, which you will be, they have to sue you to see the baby. You, on the other hand, will have to establish paternity to get support, which means that HE will have visitation rights. If he chooses to expose your (plural) child to his mother, then you would have to sue him to prevent that.
A dna test is a double-edged sword. On the one hand, his wages can be garnished for support. On the other, you will have absolutely no right, whatsoever, to withhold that child from him for reasonable, unsupervised visitation, barring any court-ordered restrictions, that is. Even if he fails to pay child support, you cannot prevent him from seeing his child. The two issues are independent of one another.
BTW, you had better get it out of your head right now that it is YOUR baby. Unless you are the Virgin Mary, there is a father somewhere. He has exactly the same rights, responsibilities, and obligations that you do. If the two of you packed your clothes in the same suitcase, the fact that you carried it to the airport doesn't mean that you now own his tennis shoes. Get it?
Whatever happens, remember, YOU picked him. If he is a jerk, loser, drug addict, woman beater, baby raper, whatever, YOU picked him to have a baby with. You are not a victim.
2006-10-07 15:40:42 · answer #2 · answered by normobrian 6 · 2⤊ 1⤋
You have to wait until after the baby is born. No one is it's parent or grandparent until it gets here.
2006-10-07 15:35:17 · answer #3 · answered by Catspaw 6 · 0⤊ 0⤋
Her lying has nothing to do with his refusal. He is fully grown and is able to make his own decisions.
Honestly, from all your posts about how screwed up everyone is (you, him, your mother, his mother, etc) maybe you should seriously think about adoption so the baby can grow up with some sane and normal people.
With families like yours and his, the poor kid won't have a chance at a decent life otherwise.
2006-10-07 16:10:49 · answer #4 · answered by BoomChikkaBoom 6 · 1⤊ 1⤋
Yes you should beable to get the process going once you are least 6 months along. they can DNA test the baby while in utero and that alone can prove paternity. you can start gettiing support right away.
you can fight for no visitation and them to sign over any parental rights.
2006-10-07 15:07:12 · answer #5 · answered by mommy2savannah51405 6 · 2⤊ 0⤋
Make your fiance's mom to convince him to sign a document terminating his parental rights. I guess a similar document where she terminates her grandparental rights will be even easier to get.
2006-10-08 17:51:18 · answer #6 · answered by ArTeKS 3 · 0⤊ 0⤋
Yeah, don't be stupid enough to get married to him, & most importantly, don't put his name on the birth certificate....that way he'll have to have a paternity test done to get any rights what so ever, & a paternity test is only done with your consent.
2006-10-07 15:12:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Do you mean ex-fiance? I mean, is he still your fiance even though he thinks the baby isn't his?
2006-10-07 15:24:50 · answer #8 · answered by Someone 3 · 0⤊ 0⤋
get a DNA done then your B/F must really be an_*******______ to act irresponsible personal opinion it would be unfair to your child as he/she grows up not to have contact with grandparents
2006-10-07 15:15:46 · answer #9 · answered by aldo 6 · 0⤊ 0⤋