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I have a daughter who will turn one this month. Her biological father hasn't seen her since she was born and hasn't had anything to do with her, no phone calls, support or anything else. This doesn't bother me because I told him when we split up that he either needed to be a full time father or stay out of her life. He is immature and self absorbed with making his own life happy.

I am wondering if there are any websites that will help me with information about making sure he can't try to take her from me. I have heard about having paperwork that he could sign to give up his rights but I doubt he will sign them, just because he didn't even sign her birth certificate. Does anyone have any suggestions?

2006-12-05 08:31:18 · 6 answers · asked by Sassy Mom 2 in Pregnancy & Parenting Parenting

6 answers

Contact a lawyer that specializes in child custody.

Parentage cases involve never married parents. By virtue of biology, the determination of motherhood is made at the time of the child’s birth. The law makes no distinction as to whether or not the woman is married. If a woman gives birth to a child, she is deemed to both the legal and biological mother of that child. As such, the law automatically vests her with all the rights and responsibilities associated with parentage without regard for her marital status.

The law is significantly different for Dad. Never married fathers have an entirely different set of rights than divorced fathers. First, there is the legal presumption that any child born during the course of a marriage is the child of the marriage. This presumption can have harsh results for the biological father if the child is a result of an extra marital affair with a married woman. If a child is born to a married woman, the legal presumption is that the child is the biological son or daughter of the husband. If that is not true, the biological father must immediately take steps to establish himself as the legal father or forfeit any legal right to participate in the life of his child.

In cases where both parents are unmarried at the time of a child’s birth, Illinois law provides a Voluntary Acknowledgment of Parentage form which can be signed before the child leaves the hospital. By so doing, the parties are clearly establishing the identity of the child’s biological father and preserving the father’s legal right to the child.

Certain rights and responsibilities attach upon designation as the “legal” father. For example, child support is an obligation owed to children by both parents, and the right to receive child support belongs the child; a parent cannot waive a child’s right to support. Where the parents never married, however, there is no legal right of visitation without a court order. This is merely one of the significant differences between the rights of divorced fathers and rights of never married fathers. In other words, a never married father may find himself responsible for paying child support but may not enjoy visitation rights with his child.

Timing is critical. Although Illinois law allows never married fathers to petition for custody and visitation of their children born out of wedlock, any court order affecting the child (e.g., a child support order) will operate to vest sole custody in the mother. This fact can have serious ramifications in the future if the father should ever seek custody of his child.

2006-12-05 08:43:34 · answer #1 · answered by parsonsel 6 · 0 0

I'm not completely sure but I think the fact that he never signed the birth certificate will make it hard for him to try to take her. He never established paternity. I would look at the court house web site. Usually they will have forms that give you more info. If anything get an attorney.

2006-12-05 08:40:31 · answer #2 · answered by Sippy 4 · 0 0

at the end of the day, you need to both stop being selfish, as harsh as that sounds but its HIS child as well, its your and his you both made it.

however if he is how you said he is, i dont think he will try to take her away. all you have to do (if it ever does happen) is tell this to the judge, their not stupid, and they wont give it to him just because he wants it.

if he doesnt care though like you say (and it sounds like it) you have nothing to worry about - but it is his daughter sadly. but like i said, the fact he didnt even sign the birth certificate will work in your favour in any court situation.

forget him, he ruined his life and his chance, you still have yours!

2006-12-05 08:46:13 · answer #3 · answered by Anonymous · 0 0

Fiction.

2016-05-22 22:01:02 · answer #4 · answered by Anonymous · 0 0

well, your in kind of a bad situation but do you really want him to be in her life if you don't want him to see your daughter then just forget about him and try to fund a new man who will support you and help out evenly with the baby and does he want to be in the baby's life any way if he does then try counseling and if he doesn't then like i said just find someone who will support and help nurture her.

2006-12-05 08:39:10 · answer #5 · answered by kala 2 · 0 0

www.findlaw.com

2006-12-05 08:45:19 · answer #6 · answered by Stewiesgal 3 · 0 0

fedest.com, questions and answers