He was aware that the child was born and that he was the father but chose to not participate, now he wants to be a part of his life. He has never been on record as the father (not on birth certificate and I have never filed a child support order.)
2007-01-16 05:40:06 · 6 answers · asked by JOY 1 in Family & Relationships ➔ Family
Check your state laws- I know in South Carolina, if you have no contact whatsoever with the child for 1 full year, I mean no mail, no message on the answering machine, no nothing-that is considered abandonment. If he wants rights, he has to take you to court for them. When and if he does, be prepared with evidence if you have any, that he never wanted any part in your child's life. Have anyone who knows how it has been prepared to give testimony. He should not be able to receive any custody after all this time- unless you are unprepared or have given him anything to use as ammunition.
2007-01-16 06:42:46 · answer #1 · answered by imjustasteph 4 · 0⤊ 0⤋
The biological parents have rights UNLESS the are proven to be unfit or adoption blocks contact. Maybe dad was too young, too immature, or did not feel right being with you. Don't get me wrong - I am not saying his leaving you holding all the responsibility was right - I'm just saying there most likely was what HE thought was a valid "reason" he chose to be absent. I personally think it is not fair to the child for Dad to suddenly show up and it will cause problems later on, but if Dad insists and gets a court order proving he is the Dad, you won't have much to say about it. He can also make you change the birth certificate. Yes, you will be able to ask for back child support - getting it is a whole different can of worms. Good luck - I know this is hard for you and everyone else involved.
2007-01-16 06:22:56 · answer #2 · answered by BikerChick 7 · 0⤊ 0⤋
the answer is yes, a man and a woman understand that conception may happen at the time they engage in sexual intercourse. At this time since there is no order that can stop him from taking the child from you. he can get his child legally regardless if his name is not on the birth certificate because you both admit that he is the father. Unless you stop him with a restraining order he can do his best to see his child.. now if you avoid him thats another call...he can file a paternity suit on you to make the court order you to place his name on that birth certificate and order you to let him see his child.. sure you can delay it by asking for supervise visits till the child understands that the strange man is his father, but in 6 months if the man plays his cards right he will take you back to court to ask the judge to remove the supervise visits and give him standard visitation depending on how his visits go it will be approved. you can again delay it by acussing him of many things. his attorney will probably ask for a mutual home study.... in which it will cost from 900.00 to 1500.00 and you and him split the bill since part of the study will be on you to see why your home would be better than his,....from the study it will show he is adequate to see his kid or better then you and that he feels the father should be awarded the child...the judge will take it into consideration... lets say the home study shows that both you and him are good parents but that you are better. then.... the judge will order standard visits you might need to take the child or pick up the child from the other parent...and you will be ordered to change the childs last name if his attorney request that the child be given his fathers last name and he will be ordered to pay child support ..lets say the judge orders you to let him see the child and you still do not let him see the child..all he has to do is take you for contempt and you have to prove why you did not obey the court order, you will say he has never been around for the child the judge will tell you he has proven to the court that he can be responsible and has obeyed the court order and that if you do not obey it that you will be sent to jail but he might just give you a chance and then you do not obey the order again.. then the judge will see that he has given you a chance before and you lied to him even after he explained and then you tell the judge that he has never been around for the kid and the judge will tell you yes he has since he started this suit he has told the judge you have kepted him from seeing his child .and then the judge will order you again but this time he will either set a fine for you to pay his attorney, pay the court fee, and also, you will be sent to jail, anywhere up to 6 months depending on the judges mood.., the judge might even reverce the roles and he gets custody of the child since he can obey the court order but you cannot...its a matter of time but yes,, the father does not loose the rights unless you terminate the fathers rights but then thats another question but it can be done.
2007-01-16 06:10:36 · answer #3 · answered by bankone1111 5 · 0⤊ 0⤋
Do Not Let Him See The Child!! He choose not to be a part of the child's life from the beginning. Since he is not on the birth certificate he has no legal rights at this point. If he wants to be a part of the child's life then, he has to prove he wants to be a part of this child's life in court. Do not let him see the child until then.
2007-01-16 05:59:22 · answer #4 · answered by Aumatra 4 · 0⤊ 0⤋
How unhappy youv'e lost 6 years of your childs life, you have been the two youthful and immature buts whats executed won't be able to be undone. feels like the mummy is scared you will the two run off with the new child or ruin her and in doing so harm her relationship with the new child. Be very careful,do not sign away your rights yet admire the mums desires for supervised visitation mutually as you all get to be attentive to a minimum of one yet another.Get legal propose at once so as which you will get suggestion from the physician / college approximately significant issues that influence your daughter. If the mummy would not % new child help positioned a collection quantity aside into an account (In the two yours and your daughters call) for the new child so as that as quickly as the time comes and the new child says you probably did not care sufficient to assist me you may coach you probably did and furnish her with the money, (yet do not enable her to have it till she is perhaps 21 and mature sufficient to apply it sensibly.) upload her on your healthcare, if something happens and mum won't be able to have the money for care you will all be in a puzzling difficulty. don't be tempted to purchase her in spite of she needs once you're mutually, you will not income her love or admire by using doing this, little ones choose and admire obstacles, provide her time in a classic family members ecosystem so as that as she grows up she feels area of the two families and not a possesssion to be battled over. maximum critically admire the mummy and income her have faith, you created this new child mutually and now you the two owe it to her to make her life as chuffed as conceivable.
2016-10-31 06:44:14 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If you are sure he is the father I woudl let him see the child on your terms.Things get ugly in court if he takes you there for a paternity suit at it proves he is teh father and you haven't let him see him once he has stepped up to the plate. Plus side is for you and your son, you can have teh court award you backchild support
2007-01-16 05:50:10 · answer #6 · answered by Jean B 2 · 0⤊ 0⤋