My sister lives in NY & had a baby w/ her boyfriend. He since has kicked her out, as he has decided to take on a new victim. Given they never married, what rights does he have to the baby? What would it take for her to get full custody, so that she has the right to decide if her baby visits him or not? He's not exactly in a good headspace right now, so it's not the healthiest environment for the baby.
2006-10-27 09:41:37 · 17 answers · asked by P 2 in Family & Relationships ➔ Marriage & Divorce
to think that he does not have rights because hes only the father is sexist. He has full rights to have the child in his life. whether they were married or it was only a one night stand men have just as much rights to the offspring as the mother. whether he chooses to uphold that right is his decision
2006-10-27 09:51:03 · answer #1 · answered by dreson k 4 · 0⤊ 1⤋
Sorry to say, but if he is the father and this is proved through a paternity test he does have a right to visit the child. I did go through a similar situation but I live in California. I didn't want my babies daddy around at first but now that my son is three I am so happy to have him visit with his child for many reasons. It is in the best interest of the baby in the long run that the parents can work on having a co-parent relationship, where they both make decisions together which are aimed at what is best for the child.
It's so important not to be selfish when it comes to parenting.
A lot of fathers loose interest in their children if they aren't in a relationship with the mother, so if he is a dead beat like you say, maybe he will just disappear. But if he does want to be around your sister can request that he takes child care classes and request supervised visitation until the baby is old enough and the father is presumed fit to look after the little one.
The court will have the final say if the two of them don't come up with an agreement on their own, and the courts decision will be in the best interest of the child and not what is best for the mother or the father.
2006-10-27 09:59:42 · answer #2 · answered by ItsMe25 1 · 0⤊ 1⤋
Without knowing the rights in New York and he's not married to her but, using the legalities in Michigan and Minnesota. There about the same.
If the courts have given him rights to visit and he's supporting the baby then of course he has parental rights. This may mean she cannot move the child more then 200 miles from his residence without the courts permission.
If he has no rights and no court order he has no more rights than the man on the corner and may have to prove these rights with lawyers, DNA checks, and court petitions which, if he has that much to gain, will cost him a lot, thousands, so, unless he goes that far, he's out.
2006-10-27 09:48:30 · answer #3 · answered by cowboydoc 7 · 0⤊ 1⤋
In Iowa he has all rights to the baby. If they were never married and they didn't have any custody papers drawn up he can do anything with the baby including taking it from the babysitter and not telling her. She would have to contact an attorney and have the papers drawn up, even then I don't think she can say whether or not he can see the child. They will usually set up visitation through the courts then. If she doesn't allow him to see the baby then she would be in trouble with the courts.
2006-10-27 09:46:53 · answer #4 · answered by charmz21lucky 4 · 1⤊ 1⤋
He is a father of this baby so he has rights. In order for your sister to get full custody of the baby, she needs to prove that she is a good mother and he is a unfit father. Visitation will be decided by the judge. Good luck!
2006-10-27 09:46:48 · answer #5 · answered by sunflower222 5 · 0⤊ 1⤋
The biological father will have SOME rights, but he also has obligations. If he doesn't voluntarily meet those obligations, then it will be harder for him to assert his rights should he choose to do so. She can have full custody now if he doesn't contest that, but don't confuse giving over full custody with giving up parental rights & obligations. If he demands custody, then she can contest that in court, but again that doesn't necessarily mean he will lose his parental rights as the Father, to visitation or joint custody. If he takes her to court, then she can countersue for child support retroactively, so he may not be too quick to do that unless she makes demands for child support 1st.
If he is the biological Father, & he's named on the birth certificate as the Father, then he has as much parental rights to the child as if the couple had been married.
2006-10-27 09:54:59 · answer #6 · answered by No More 7 · 0⤊ 1⤋
If he is the father he has all the same rights she has unless the courts step in to define his rights as the father. In order to get full custody she will need to file in the courts, I strongly recommend an attorney for anything that has anything to do with custody of a child.... there is alot involved if the father decides to fight for custody of his child... good luck
2006-10-27 09:45:27 · answer #7 · answered by oracle 3 · 1⤊ 1⤋
here it is straight..if he is the paternal father than he has exactly the same rights as she does to get full custody and visitation settle she needs to go to her local district court ..from there she fills out paper work on what she wants and why ..then the court will send him papers and her papers on a date to be at court..then the judge settles it...if she feels that it is harmful for the baby to see him before the judge makes this decision or feels that he may hurt her she can go to the local court...and ask for a protection from abuse order..at that time she will stand before a judge and state why she is in fear any witness or medical reports would be helpful..then the judge can order him to have no contact with either of them until the judge decides his rights...and if he does he goes to jail..my last warning to her is not to leave the state of New York until this is settles because he CAN file kidnapping charges against her and that will mess things up royally she can move anywhere in the state but not out of state..hope i helped ..GOOD LUCK
2006-10-27 09:56:58 · answer #8 · answered by Alli 3 · 0⤊ 1⤋
He has as much right to the child as she does. It isn't up to her whether or not she lets him see his child, it will be up to a judge.
Unless she can prove abuse or neglect, they will allow him visitation.
The only thing I would say is that in Ohio, the men have to petition the court for visitation if he and the mother were never married. It may be the same in NY, but I don't know. Child support has nothing to do with visitation. It would be done in two separate hearings. (in Ohio anyway). So suing for child support will not guarantee his visitation rights.
2006-10-27 10:06:39 · answer #9 · answered by ? 6 · 0⤊ 1⤋
Hopefully, he won't want many rights, if he is as off the wall as you have stated. But as the child's father, he has considerable rights, unless he gives them up. And perhaps you sister could get an attorney to suggest to him that he do so. He also has obligations to that child in the form of support, until the kid is 18. What your sister has to decide is: Is the total rights to the child worth giving up any support she is legally entitled to have from him???? For her to get full custody, unfortunately, required an attorney.......and we all have something to say about attorneys, don't we. (my last session with one cost me $450/hr!!!! and there were many, many hours. -- they charge in 15 minute blocks of time, even if they only talk with you for 5. Perhaps she can find some cheaper help in Legal Aid.....)
2006-10-27 09:49:35 · answer #10 · answered by April 6 · 0⤊ 1⤋
You sister needs to find a really good lawyer to help her get full custody of the baby. But it is really up to the judge on who will get custody of the baby.
2006-10-27 09:52:23 · answer #11 · answered by Katherine S 2 · 0⤊ 1⤋