What are the chances of a father receiving rights or custody?

Question

I have a son that is going to be 2 in Dec. His father left me when I was approximately 3 months pregnant, because I wouldn't have an abortion. Orighinally, I was going to sign over my rights of my son, but then decided to keep him, because my heart wouldn't allow me to. My son was born in Dec 2004 and Jan of 2005 I sent e-mail to the grandmother that I did keep him. Well my son is almost two now and I know they both know I kept him, but are denying him. SUPPOSEDLY, the father said that if we do a DNA test done and that he is the father, then he's going to go for custody. Does anyone happen to know how long a parent has to go without any contact to the child, before their rights get stripped automatically?

Answer 1

until the child is legal the father can petition for custody

Answer 2

A parents rights don't just get stripped automatically. U have to have them terminated through court proceedings that can be very slow or fast depending on the docket pending in ur court system. The biological father has as much rights to the child as u do. If he can prove that u maliciously chose to keep the child from his heritage them u might get a judgment against u where u both share equal custody or what is known as joint custody where the child would be half the year with u and half the year with him and unfortunately that is not good for the child it only serves to confuse him and sooner or later rebel for ur mistakes. If the biological father denied him now that he knows the child exists yet wants full custody of the child and u r feeling insecure why did u contact them in the first place u knew he didn't want the child, u brought this action on ur self for whatever reasons in u puny little mind. Protect ur self get his rights terminated before he petitions the court for parental DNA testing and be rid of him once and for all. Let ur child look for him if he wants to when he grows up and mean time u do the best u can for ur child.

Answer 3

A parent always has rights no matter how long they are away but in saying that the father wont get much because as soon as you tell the courts what happened the judge will frown and he will have supervised visits at first then it will progress from there but he has no hope of getting full custody not unless you are an unfit mother,but I highly doubt that cause you kept him,Good luck and just remember when and if the father does try make sure you tell them how he wonted you to have an abortion and everything it will all go in your favour hey don't like taking children away from there mother.GOOD LUCK

Answer 4

You have nothing. Your wasting your time. And if a lawyer does take your case then your wasting your money. "members of there community" - When a judge hears that it will be interpreted as "gossip", and nothing more. "gut feelings" Shall we convict you of a crime based on my gut feelings. Missed school, missed work, didn't pay bill, heat turned off, late in getting shots, hasn't gotten birth certificate, hasn't gotten around to changing name. This is called life. She doesn't have to stand at attention and salute and follow your every command. You don't get to decide how she lives her life. This isn't "act perfect or I take your child away". Parents don't have to act perfect, and they don't have to explain every action to the other parent. None of us are perfect. Take any person and do a through investigation and you'll come up with a whole list of things that they've done wrong in their lives. But none of what you talked about is a reason to rip a child away from his mother. And I haven't hear her side of this. If your going to come after her with every small thing she's ever done wrong, then it's only fair that she does the same. She missed work. OK. Have you been absolutely perfect in your job. Never made a single mistake. If you've ever once even pushed a relative or girlfriend, that's going to be brought up. Any criminal record. Your the one who brought late bill payments into this. Have you ever been late paying a bill? Every little thing you've ever done is going to be used against you, just like your using every little thing against her. You could help her instead of criticizing and looking for reasons to take her child away. She hasn't provided the birth certificate. Why does that responsibility fall only on her? I bet that you could get the birth certificate and provide a copy to the school. This isn't just about her being a good parent, this is also about you being a good parent.

Answer 5

I wouldnt think he would have a chance in hell of getting sole custody how ever visitation rights yes and it doesnt matter how you feel in this situation a child has the right to see his or her father unless they are in danger. The past is past now is the time to encourage good healthy relationships between all 3 parties

Answer 6

The parents rights do not get stripped automatically, you have to file for it. In the state of California, if a parent has had no contact or given any support for a year their parental rights can be terminated and the child can be adopted. And token support or token contact does not count.

I know from experience. My wife and I took guardianship of our G-kids. My sister asked about helping us out so we turned guardianship of one of them over to her. After 4 years she was being transfered out of state because of her job and not wanting to go through the guardianship process all over again she decided to adopt our G-daughter.
She filed for abandonment first then after the courts couldn't even locate parents, their parental rights were terminated and the adoption process went on. And yes the parents were finally located and spoken to. One trys to say since he wasn't served personally then the adoption was illegal. He was living with the mother and in the home and was told about being served, but still denies that he was told. The other said she would contest it but refused to show up in court. Both have had over 10 years to do something even about getting the other kids back but have refused to do anything or have any contact with them.

Answer 7

Until and unless parental rights are terminated by a court, a parent never loses parental rights. As for him getting custody, it is unlikely, unless the Mother is found to be unfit. He probably is just trying to avoid child support by threatening to seek custody, hoping you won't name him as the father, thereby making him liable for child rearing costs.

Answer 8

That would depend on the State/County.
In my County one Judge will give the child/children
to the father.
If I could raise a child on my own I would. Until they
are older anyway if the father acts like a jerk.

Answer 9

Your a women, unless you abuse your child, the mother always seems to keep custody. He (the father) will have to pay child support.

Answer 10

your rights as a parent never stops unless a court orders it.it is very rare that the court give custody to the father the mother would have to be a real out for the count person and he would have to prove it

Answer 11

he doesn't stand a chance....don't worry girl they wont get your baby!! chin up. do you have any old emails from them denying him?

in all honesty you don't need any proof of anything you are his only parent, amdmen rarely get custody in "active parenting" situations...really you will be fine. just make sure all of your ducks are in a row, so to speak, and that you are providing this child with the best life you and...worry not.