Now the ex of the mother that supported this child has filed a restraining ored against the mother, because she allowed DNA and visitation to the birthfather. This is in addition to previous question: Can a man who is not the father or custodian of a child, but pays support, take said child from custodian?
childs birthfather has paid support and has had DNA tests to accuracy of this being his child. Birth mother acknowledges birth father. Her ex is trying to gain control of said child and has filed restraining order against the mother for allowing the child to see birthfather. The mother is not married to ex, but has a child with him.
How does the biological father keep this man from taking his son. Birthfather has paid support, does his visitation.
2007-04-05 03:07:05 · 5 answers · asked by Bonnie H 1 in Politics & Government ➔ Law & Ethics
Already answered several times. If the birth mother has custody, then the only way he can take the child is with her permission.
The court doesn't care who paid what for child care; that is irrelevant. The court cares about parental rights, which are inherently given to the birth parents.
If this man is threatening to take the child, you should get a TRO from the court - see a family solicitor to have a TRO issued and served.
2007-04-05 03:13:58 · answer #1 · answered by Anonymous · 1⤊ 0⤋
There is no way the ex has any control at all over the child that is not his, none, no way, no how.
There is something called legal standing and the ex has none, that doesn't mean that he can't ask the court, but the court would have to be owned by the ex to even consider it.
Parental rights aren't abrogated by the court except under extreme circumstances, usually brought by child protective services, not by a non biological, unwed third party.
Are you sure this isn't just a threat? Or an angry man looking to make life miserable and worrisome for the man and woman?
If you are really worried, and for all I know you may actually be the worst mother in the world and ex feels you should never be around kids and this actually comes to some point, you hire a lawyer to represent you, try legal aid if you have no money. But if you haven't enough for a lawyer, the odds are neither has ex and this is all a lot of hot angry air.
2007-04-05 03:18:32 · answer #2 · answered by justa 7 · 1⤊ 0⤋
Technically the ex-boyfriend has no rights concerning this child. Is there a problem with birth-father or mother that would make either a bad risk for the child? The ex-boyfriend does not have any right to file restraining orders against the mother, the child is not his. If the problem is the residence then something must worked out where the birth-father can visit the child away from the ex-boyfriends residence.
2007-04-05 03:29:39 · answer #3 · answered by jay_d_skinner 5 · 1⤊ 0⤋
This is a matter for a judge to decide. Just because someone is the biological father of a child does NOT mean that the person will be the BEST father of the child. What is best for the CHILD is the deciding factor. The child might be a whole lot better off without this guy - it sounds like he, and his mother (?) might be quite vindictive and shouldn't have anything to do with that baby. This is too complex for a proper answer on Yahoo! Answers - this MUST be referred to a judge.
2007-04-05 03:14:59 · answer #4 · answered by Paul Hxyz 7 · 0⤊ 0⤋
Interesting! Looks to me like the person who is the most unfit in this particular case senario, is the mother, she is the one who should be banned completely from any further contact with the child. Way to many mother's are playing games at the expense of the children. Bedhoppers like her should be STERILIZED, they are the ones who are responsible for the decline of family values, and theyr'e everywhere picking and choosing which guy's they want to be the daddy's ie; Victim's on their hit list's. These children are just meal tickets to these diseased ridden slags, so they can con the welfare system, and ofcourse the money that they get in child support VIA SOME POOR GUY, who doesn't stand a chance in he11 of moving on and starting a new life, it's an absolute disgrace that they are not being rounded up hosed down with disinfectant and then jail their @$$e$....."GIVE THE BIRTH FATHER HIS SON".
P.S Is his name Larry Birkhead by any chance?? LOL.
2007-04-05 04:14:48 · answer #5 · answered by ~Celtic~Saltire~ 5 · 0⤊ 2⤋