ok father and I were together when I got preg...he was happy then,. but ended up getting someone else preg and leaving me at 7 months....So he knows I had his child...Now...if he took me to court to get visitations (my child is 8 and he never attempted to see him before) would that be child abandonment ? I want him to have his rights terminated but as of now he has none. He wasnt listed on the Birth certificate and would have to establish paternity of course but I do not want this man in my life!!! What are the chances the courts would allow him to do this after 8 years and child being raised by me and the man he knows as his dad?
2007-01-12 10:10:18 · 21 answers · asked by jamzesmom 2 in Politics & Government ➔ Law & Ethics
Ok....Not my father....geez....
And I didnt leave anything out...he has been in jail some....on drugs most of the time....and how can I be in trouble for not letting him see my child??? He has never contacted me to see him....and he hasnt yet...I am asking this question for if he DOES contact me...I want to know what to expect.
2007-01-12 10:34:12 · update #1
And he did know about my pregnancy...I lived with him until I was 7 months preg....uh yeah I was showing ....and he even went to the doc with me a few times
2007-01-12 10:36:41 · update #2
yes that is abandonment and he has no rights.. Did he ever pay for the child? what I mean is that parents are suppose to pay for their kids when they are not together and if he didn't he has no rights to see him...
2007-01-12 10:30:38 · answer #1 · answered by latina 3 · 0⤊ 0⤋
So what are you leaving out of this story? Is he claiming that you never told him you were pregnant with his child? If he is basing everything on that, then you are going to have to prove that he did know about it before you can claim he abandoned it.
Why would he want to take you to court after over 8 years? He must know that he would have to pay some child support so I have to conclude that perhaps you didn't tell him. If that's the case, he more than likely will get visitation rights if not some kind of divided custody arrangement.
2007-01-12 10:27:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
While he can make you very uncomfortable for a very long time in and out of court, it is very unlikely that they would instate parental rights without some legal justification of your unsuitability as a mother.
If there is something in your background that he can use to his benefit then the scales could change a bit. If he is really serious and has the time and the money it could be ugly.
I would consult an attorney with a good record in this area and have them take some preemptive measures. There are several potential courses that may discourage him if he knows you are serious. Best to approach through a good attorney.
2007-01-12 10:22:55 · answer #3 · answered by MtnManInMT 4 · 0⤊ 0⤋
Thats a real touchy situation, which will depend on what state you live in and their law's.Yes that is considered abandonment!
But at the same time he has not given up his right's as a father by law... as far as I am concerned he gave up those right when he walked away and didnt look back, knowing he had a child there. If I were you I would try to get his demolished so that you and who the child can go on with your life's with the daddy that child know's and has been there for that child... if he comes at you with trying to get in the childs life go after him for 8 years back child support.........as long as he has not been paying you childsupport.......quiet abit of money there and maybe that will help to change his mind....good luck!
2007-01-12 10:17:06 · answer #4 · answered by browneyedonna 3 · 1⤊ 0⤋
if he fights the termination of parental rights he is opening the door for you to sue for child support, given that the court orders a paternity test. the court will most likely act on the best interest of the child, regardless of the wants of the parents. family court generally aims to keep a familial relationship intact and termination of parental rights is not an easy thing to get unless the parent were truly horrendous, and even then courts usually try to preserve the relationship. you might also be opening a can of worms now by petitioning the court for the termination because you *might* be held responsible for denying him access to his child. definitely consult a lawyer.
2007-01-12 10:22:06 · answer #5 · answered by marie-pascale 4 · 0⤊ 0⤋
i would think that if he paid for the paternity test he could get a lawyer and see his child. The only way would be if you had him sign over his rights and the other guy adopted him. which he probably wont do since he wants to see him. But i would also think that he would have to pay back child support as well. Tell him the consequences. If he signs over his rights, no money to pay. If he pursues this, he'll pay.
2007-01-12 10:17:20 · answer #6 · answered by summer love 3 · 0⤊ 0⤋
if he took you to court, he very well could get visitation after a paternity test. however he would owe a heck of a lot of back child support so the chances of that happening is slim to none. i bet he has even forgotten about the child!!!
2007-01-12 10:16:11 · answer #7 · answered by george 2 6 · 1⤊ 0⤋
See a lawyer. Courts could do anything, but the fact tht he didn't want anything to do with the kid for 8 years certainly seems like possible grounds to terminate his rights to me.
2007-01-12 10:14:22 · answer #8 · answered by MithrilHawk 4 · 1⤊ 0⤋
i think that if he left that is abNDAMENT BUT IF UR CHILD SAYS HE WANTS TO KNOW HIS REAL FATHER THEN HE CAN GET VISTATON N SINCE HE IS 8 HE CAN MAKE that desicionso u have to ask ur child what he want s too cuz in the end u dont want him to look at u as the bad guy good luck
2007-01-12 10:16:48 · answer #9 · answered by The Boss 2 · 0⤊ 0⤋
His name isnt on the birth cert so surely it is your word versus his that he is the father. Im not sure they can make you take a paternity test on his word.....
And after 8 years?? What a cheek. As us English say..."He doesnt have a leg to stand on".
Good luck.
2007-01-12 10:15:46 · answer #10 · answered by dejavu_whatslovetodo 1 · 0⤊ 0⤋
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2016-12-02 04:31:45 · answer #11 · answered by broadway 4 · 0⤊ 0⤋