I just split up from my daughters father and thing have been going ok. I am wondering what are my rights if he tries to take her away or if I don't want her around him. Also, what is my rights in saying what she is exposed to or how he raises her.
2007-03-13 13:04:48 · 8 answers · asked by Lacie G 1 in Family & Relationships ➔ Marriage & Divorce
This would be the same as a marital custody. Chances are youd be awarded custody unless you can be proven unfit or downright refuse. He will get child support payments and state mandated visitation rights. If you have evidence, you can request supervised visits with no overnightsor may get them revoked all together but you will need strong evidence to show the judge why. Hopefully you have him listed as the father on the birth certificate as it would make things go a whole easier. But most of all you will have to go to court to make everything legal and prevent any future custody problems and to prevent any of the problems you mention. Get a Paralegal to help you if you cant afford an attorney or try legal aid for a free atty if needbe for this but either way do it. Good luck
2007-03-13 13:17:07 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
You have all the rights that you would have had you been married. You should file a custody/parenting time/support case and get an agreement worked out. WIthout a custody order - he has as much rights to determine where she is as you do. WIth a custody order you have something you can enforce in the court or even to use to get the police involved. If you work out an agreement or have a judge issue a judgment - both can include lots of restrictions regarding drug use, alcohol use and anything else you might be concerned about.
Good luck.
2007-03-14 00:25:55 · answer #2 · answered by CV 3 · 0⤊ 0⤋
ok,.. so here is the dirt on custody.
You are the mother,.. but just as much as you are the mother he is the father, which means that you have as much say so in how the child is raised as he does. You can both argue, and put this innocent child in the middle,.. but that will never solve anything.
You as a mother will have the upper hand when it comes to custody, but if you begin complaining about how and when the father can see the child, how he should raise her and what role he will play in her life a judge will be quick to give him custody.
If you dont want him around her you need to have a really,.. really,.. i mean really good reason to not have her around him. that means that you would have to go to court and request sole custudy,.. that is a long and painfull battle for everyone since if you were to win,.. he can turn around and ask for supervised visitation,.. and he will be awarded supervised visitation,.. trust me i know.even if he does not pay child support.
my advice to you is to try to remain reasonable without any demands... this will benefit you and your child. you do not have the right to take this child away from her daddy just because you are upset that you guys are not together. you can sit there and deny this all you want, but deep inside you know that i am right. He was good enough when you layed down with him and made this child,... jsut remember that
2007-03-13 20:16:26 · answer #3 · answered by Anonymous · 0⤊ 0⤋
why should he try to take her away from you?
your not wanting him around her is too bad. he is her father and she has a right to see him and he has a right to see his daughter. it is not up to you!!!
you don't say what it is that he is exposing her to. and what do you mean by how he raises her.
he is a parent just like you are. he has the same rights that you do!!!
and by the way, you said you don't want him around her, you didn't mention it but you can not move away and take your daughter with you without a court order. you can not keep him away from his child if he wants to see her.
if you believe him to be an unfit parent take him to court and prove it.
what you should do is hire a lawyer now!!! go to court for what ever kind of custody and visitation the two of you can agree upon. if not, he may take you to court and you can do it that way. if a battle ensues i hope that you have lots of money!!! work this out with him in a civil manner. in short compromise!!!
2007-03-13 20:24:17 · answer #4 · answered by KRIS 7 · 0⤊ 0⤋
You don't get say in his vistation. The court decides visitation and unless he can be proven unfit the court will allow visitation. The two of you will have to be on "the same page" when it comes to raising your daughter. That is called CONSISTENCY and if the two of you can't get it together then you're going to have problems not only with each other but with your daughter and if the court see that you can't keep it together the court can step in and put your daughter into a foster home until the two of you grow up which I can tell by your post deffinately needs to be done.
2007-03-14 02:14:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It really depends on all of the circumstances. If it's a concern I strongly suggest hiring a lawyer. But don't do it to take her away from him...just to make it fair. If you though he was good enough to have a baby with it's not fair to take her away now. Should have thought about that before you had a kid with him. Same goes for him too. He shouldn't try to take her from you either. The only way that should happen is if the parent is a huge threat to the child.
GOOD LUCK!
2007-03-13 20:12:51 · answer #6 · answered by dil7827 2 · 0⤊ 0⤋
Depending on the country where u live, u can retain her custody for the period of her minority. After that she is free to do what she likes. In so far as interference by her father is concerned, u can approach the court for relief.
2007-03-13 21:03:17 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If there is no court order in place then there is no rules in place to decide if you or your husband should have her, no rules in place as to what she should be exposed to or anything. Get an atty, get at least a temporary court order to avoid any problems.
2007-03-13 20:18:06 · answer #8 · answered by okydoky 1 · 0⤊ 0⤋