We are not married, but his name is on the birth certificate. I have heard that he has no right to take her if I don't want him to. Is this true?
2006-10-19 04:01:49 · 22 answers · asked by Anonymous in Family & Relationships ➔ Family
you may want to retain a lawyer, and find out what the fathers rights are in your state. it would be better if you could work out some kind of joint custody agreement without having to go to the courts.
2006-10-19 04:05:12 · answer #1 · answered by moluvsmark 4 · 0⤊ 0⤋
He has got some rights 2 her. He is her father???? I am assuming he is if he is on her birth certificate. He has all the rights a father has 2 their children. He can't take her without letting u no where he is taking her. It also depends on where u r....in the states 4 example it is rumoured 2 b true depending on wot state u r in the courts r mother favoured. It can also depend on which parent can provide the best 4 the child. Good Luck. U should not b thinking about the wot if's at the moment anyway. Enjoy yourself right now don't worry about it till the times comes (if it comes at all). U maybe worrying about something that may never happen.
2006-10-19 04:10:55 · answer #2 · answered by bammbamm 3 · 0⤊ 0⤋
The state that I live in gives equal parental rights to both parties. You need to MAKE SURE you keep her with you if he leaves. Have people there to support you and back you up if you feel threatened or if you feel like he will try to take her.
A similar thing happened to me when I left my husband. I went and got all my stuff out of the house when he was at work and then went to pick up my child from the sitter. He had already been given the "heads up" that I was leaving him because he called my job & they told him I left early for the day. So when I went to the sitter to get my child he had already picked her up. When I went back to the house to try to get her he would not even let me inside. He filed for divorce and then claimed I abandoned my daughter. He took all the money out of our checking & savings accounts and basically left me with no way to survive. I had no money for an attorney so I represented myself. He had the best lawyer in town. He offered "joint" custody but with himself named as "primary" custodian. Not being an attorney I didn't know that was just the same as giving him full custody. He gets to make all the decisions about where my daughter goes to school, her extracurricular activities and such. I have spent thousands of dollars since then (10 years ago) to try to get my daughter back. Even more importantly than the money this experince has brought me the greatest grief and heartache I have ever experienced in my life.
Whatever you do - GET A GOOD ATTORNEY! But first and foremost make sure he doesn't take your child with him when he leaves.
God bless you & keep you in this most difficult situation. You are in my prayers!
2006-10-19 04:12:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Depends on where you live, I know for a fact that in CA just because you give birth to a child doesn't mean you have custody. You need to go down to the court house and file for it. You don't need a lawyer to do so you just have to pay something like $5 a paper to file. It's not that hard, you just have to do it before he does
2006-10-19 04:30:39 · answer #4 · answered by skhoury28nails 3 · 0⤊ 0⤋
If she is his child as well he does. You both have the same rights as parents. Just because you are the "mother" doesn't give you any special bonuses with the judge or court system. A mediator will talk with you both separately and your child and they will give the judge a recommendation. Don't let her become a tool for the both of you to fight over! She is your top priority make sure she gets the best of all worlds.
2006-10-19 04:16:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
if his is on the birth cerificate, he does have rights to your daughter. The best way to handle it is legally, if he just takes off with her you can get him for kidnapping, and if you let him leave with her when you do go to fight it legally such as seeking custody, you will need to explain to the judge why you let him leave with her and why he is not suitable to retain custody of her. Proceed with caution, look up your states custody laws and parental right laws. Good Luck
2006-10-19 04:06:47 · answer #6 · answered by Dylansmom 2 · 0⤊ 0⤋
He has all rights until a legal document is drawn reguarding custody of the child...if you cant sort it out between you the courts will...safer to have a legal document things often go sour at a later date for what ever reason.And please unless there are any safety issues dont stop contact between them...no parent has the right to do that
2006-10-19 04:07:30 · answer #7 · answered by blue_eyed_woman_of_3 3 · 0⤊ 0⤋
actually a judge will decide who is the better parent. Has a rule the child is often placed with the mother, but if mom is no suitable then the child will go with dad.
so unless you are an unfit mom you will get custody of the child..
2006-10-19 04:15:48 · answer #8 · answered by bluedanube69 5 · 0⤊ 0⤋
If his name is on the birth certificate, he is considered her legal parent whether you are married or not, and as such, he has parental rights (visitation, etc) by law.
2006-10-19 04:06:53 · answer #9 · answered by desiderio 5 · 0⤊ 0⤋
Check your state for the law there. In Ca. yes he can, then he can file for custody and get it.You have to have full custody here or he can take them.Check before he leaves....
2006-10-19 06:35:37 · answer #10 · answered by Maw-Maw 7 · 0⤊ 0⤋