I have a two month old baby girl and I am not married to her father. We recently split up and child support/custody has not gone through the court yet. He is not threatening to take her from me. I want to let him see her but i am scared he will run off with her. he says he has the right to see her whenever he wants and to take her wherever he wants. What are my rights? do i have the say so in what she does?
2007-02-12 15:30:57 · 12 answers · asked by floridabeachbabe05 1 in Pregnancy & Parenting ➔ Parenting
you need to contact the proper organization where you live, but if he isn't living with you and he's going to be paying child support, that sounds like you're the custodial parent. emphatically NO, he does not have the right to take her whenever and wherever he wants. if you have any fears or misgivings about letting him take her for a "visit", listen to your gut. ALWAYS trust your first instinct when it comes to your child's safety. if he gets too pushy, or harasses you at home by showing up without notice, call the police and get a restraining order. tell everyone who will listen WHY you're afraid he's going to take off with her. and for heavens sake, talk to a lawyer. if you have access to a computer, there's a world of help at your fingertips.
2007-02-12 15:40:54 · answer #1 · answered by zoë's mommy 2 · 0⤊ 1⤋
He has the right to see her whenever the court SAYS he can see her, usually every other weekend. If he takes off with her that is called kidnapping and is a federal offense...do you think he would be willing to chance a life sentence in a federal prison? He SHOUDL be paying some sort of child support now whether it has gone through the court or not...it's not enforceable but if he had any sort of values or decency of character he would. Obviously he doesn't. You are her mother, of course you have a right to have a say in what she does...
2007-02-13 02:59:36 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Go to a lawyer and come up with a custody agreement. By the way since you are not married to the father of your daughter the father's name does not have to be on your daughter's birth certificate. Go to a lawyer first and after you and your lawyer come up with a custody agreement then go over the agreement with your daughter's father. If I were you I would only let him see your daughter where someone like your parents or you can watch him so that he doesn't try to run off with your daughter. With the custody agreement it states when your daughter's father can visit her and at what time and days and things like that.
2007-02-12 23:40:30 · answer #3 · answered by musicgirl1219 1 · 0⤊ 0⤋
If you are that afraid he will run off with her then he is unfit to see her at all. I would wait until the courts decide if he is fit or not to see the child without ''running off with her''. You are the mother and have most of the rights to the child.
2007-02-12 23:35:08 · answer #4 · answered by C S 1 · 0⤊ 0⤋
I believe that neither of you has the right to take her out of state without the other's permission. Your rights as parents are equal at this point as far as decision making until the custody agreement is final. Neither of you would be wise to make any major decisions as it could ultimately work against you in court. Document any behavior of his that seems odd.
2007-02-12 23:39:10 · answer #5 · answered by Heather Y 7 · 1⤊ 1⤋
It will really depend on the laws in your state. Contact the bar association where you live and find out if you can get some free or low cost legal advice.
If he is otherwise stable, try to work with him and think about what is best for your baby. Good luck.
2007-02-12 23:36:31 · answer #6 · answered by LSG 2 · 1⤊ 0⤋
You are her primary caregiver, he does NOT have the right to see her or take her when he pleases. You will have to work out a schedule with him. The court may have to do it for you, if he is not cooperative. If you are already using the law to enforce his paying of child support... well, good luck.
2007-02-12 23:58:00 · answer #7 · answered by Athenart 2 · 0⤊ 1⤋
yes, you are the boss, go get custody, just go to court house family court house and file, the first one to do so usually wins, do it tomorrow, and because of your child's young age his visitation will be limited, but do not let him go any where with her til you have full legal custody or you may not get much help getting her back
2007-02-12 23:55:53 · answer #8 · answered by melissa s 6 · 1⤊ 0⤋
Whatever the court decides; he has the right to as much visitation the court gives him, but not more.
2007-02-12 23:35:27 · answer #9 · answered by Anonymous · 0⤊ 0⤋
These matters are handled by state law, if you're an American. So, you need the specific state laws to know. Support and custody are considered separately.
Until he has court orders, he has no rights over her. She cannot go to him without you - that is very damaging to her. She needs to be with you.
You do have a say, but you must secure your rights in court.
Next time, marry first before making babies, so your baby has a chance to avoid this pretty awful situation she's been born into.
2007-02-12 23:35:51 · answer #10 · answered by cassandra 6 · 0⤊ 6⤋