my ex is trying to take me to court over my 1 yr old daughter, i left him when i was 3 months pregnant because he was violent etc, he was not put on her birth certificate and only has her one day a week. i have a new partner and my ex is now taking me to court for parental responsibility and contact but he is saying that he can get the court to make sure my new partner (who has been in my childs life from day 1) cannot go near her etc. can he do this?
2007-03-04 05:38:04 · 24 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
No he cant do that, and whats more if you make the court aware of the violence in your relationship your Ex may have to have Supervised visitation with your daughter.....so in actaul fact its you and your new man that are in a good position, and your ex is just trying to use scare tactics. The court always likes a stable family unit and if you and your new bloke are providing that theres NO WAY that he can stop your new bloke from being a part of her life. So long as he's not doing anything wrong to your child, the courts dont care less whether your Ex likes the new man or his involvement...they care about the child. Also you may want to check on this but a while ago you could only get Parental responsibility automatically if you were married.....and it used to be very hard to get if you two werent but like I say check on that!! You can ask someone at your local Citizens advice bureau or see a solicitor who will tell you what rights you have but honestly out of the two of you, Id rather be in your shoes than your Ex's. He has far less rights than you!! Goodluck hunni !!
2007-03-04 05:48:22 · answer #1 · answered by doodlebip 4 · 1⤊ 0⤋
If his name is not on the birth certificate, he has no legal rights as far as your daughter is concerned. If he does seek to take you to court, the judge will seek a paternity test and if he proves to be the father, he or she will order support to be paid - both current and past if he has not been giving you money. So - my advice would be to encourage him to follow through with his threat to take you to court. As far as the new partner, your ex cannot prevent him from being with your child. The judge CAN and probably will order that you not have overnight guests while the child is present. This is a very common stipulation in most custody agreement. You can also insist on the same thing with your ex. The best thing you can do is to go ahead and marry your partner ( if you truly love him) and therefore provide the court with proof of a stable family etc.
2007-03-04 05:55:00 · answer #2 · answered by arkiemom 6 · 1⤊ 0⤋
It depends. Once you are in court, then the issue is what is in the child's best interest. If he could prove that contact with your new partner is somehow harmful to the child he might be able to become the primary custodian or possibly limit your contact. However, all these thing require some proof or at least credible evidence. You need to contact an attorney if in fact he actually initiates legal action. Unfortunately, it may cost you some money, but you probably should consult a local attorney with experience in family law. Don't just ignore the risk, protect your child. There will be lots of issues that will need to be adressed, including contact and support.
2007-03-04 05:53:15 · answer #3 · answered by Unknown Oscillator 3 · 1⤊ 0⤋
If you put your new partner's name on the birth certificate, (as suggested above) this would be a blatant act of fraud, and would only serve to show you in a bad light. the fact that his name is not on the birth certificate makes no difference at all, if he can prove that he's the father. this means that whilst he can challenge you for visitation rights, you would have to be a ridiculously bad mother before they would give him custody. With regards to him stopping your new partner seeing your child, the same applies. He'd have to provide proof that he's abusive toward the child
As much as equal opportunities is promoted by the courts, the responsibility of a child still swings very heavily in favour of the mother's rights.
2007-03-04 05:59:21 · answer #4 · answered by Jamin 2 · 1⤊ 0⤋
He can try. However, you have a steady relationship now and his case is weak because of the reason you left him originally. His claim for Parental Responsibility could include visitation rights which he already has.
Unless your new partner has some reason for your ex to complain about, his chances are remote. Tough it out, talk to the Social Services, especially if you have a Case Worker and have your day in the Families Court if necessary.
2007-03-04 05:46:37 · answer #5 · answered by MANCHESTER UK 5 · 1⤊ 0⤋
He can try, i seriously doubt any court will look favourably at him based on what you have said and will probably have words with him about wasting there time. If he has any proof that yr new fellow is violent etc or that the child isnt being cared for properly then he could have grounds to raise concern. Get some legal advise, sounds like he trying to scare you to me
2007-03-04 05:45:57 · answer #6 · answered by Lisa 2 · 1⤊ 0⤋
No your ex has no rights unless his name is on the birth cert, and he cannot make your current partner not see your child!!! Look on the internet in regards to parents responsibility. And if he goes to court then enjoy the win!!!!
Your partner is her dad and your ex was just the sperm doner, do not waste your time or energy worrying about this ****
2007-03-04 05:47:23 · answer #7 · answered by Anonymous · 1⤊ 0⤋
If he gets the parental responsibility he may be able to,but him actually getting it is different!I just talked to a lawyer yesterday and he said what ever parent has custody of the child is the one who chooses what school,religion,friends,etc.. that the child will have or go to or be! Depends on the state you live in and if they have 50 50 custody is what he told me!Just look on the net for legal advise you should find someone to answer your question and set your mind at ease!Good luck!
2007-03-04 05:46:32 · answer #8 · answered by rere 2 · 1⤊ 0⤋
Well, First off GET AN ATTORNEY!!!! Has your boyfriend/fiance' ever had a criminal record? or any allegations against him? If neither then no your ex is talking out his bum! And 98% of the tim the mother is always given custody...Does your ex have any kind of record? If so then you have that going for you...I could really help you out w/ some advice in this matter so if you can send me an e-mail....But to me it sounds as though is useing that as a scare tactic
2007-03-04 09:21:34 · answer #9 · answered by laci 2 · 0⤊ 0⤋
He could only do this if he could prove that your new partner was harmful to be around your child. Which he cant do so I think it is just idle threats because he knows that you have got on with your life and you arent as weak as he thought.
Fight him all the way, he will probably back down before you do because I dont think he will be doing this to see your daughter, just to try and mess up your new life - men like this always try this.
Good luck
2007-03-04 05:44:06 · answer #10 · answered by Lady Claire - Hates Bigotry 6 · 1⤊ 0⤋