Who gets custody of child when the child is born?

Question

Okay the father of my baby had left me in the beginning of my pregnancy and i have not talked ot him since. But recently i found out that he plans to come home a week after my due date because he wants to see her. I don't think we will have a court session to determine custody by that point. So do i have the right to tell him he cannot see her if he tries to?

Answer 1

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Answer 2

From a legal perspective this all depends on where you live. Where I am, 'custody' and 'right to access' are meaningless until there is a court order. So I have the right to tell my son's dad he may not see his son - not that I have, but I have that right, as he doesn't yet have a 'right' to see him. I have 'de facto' custody, but not legal custody. I have statuatory sole guardianship, but no paperwork until we have a court order. But in other provinces, and in the States, things may be different.

That said, even if you have the 'right' to say no to a visit, it will NOT look good for you to say no. If the courts are wavering at all, you want to look good. Is there a good reason why you don't wish him to see his child? And no ... just because you don't like him or you haven't seen him isn't a 'good reason' - I mean a danger to you or the child.

Answer 3

It isn't right for you to keep his child away from him. And, your child deserves a father, regardless to what the situation is between the two of you.
You really shouldn't worry about custody. As long as you are taking good care of yourself and the baby, no court is going to take that away. Also, think about solely breastfeeding your baby. He definitely can't do that. So, that could also work in your favor. The courts may grant visitation, but I don't think you would have to worry about him getting full or even partial custody if he wasn't even around for your pregnancy.

Answer 4

It depends on a few things. Are you married?--then he has rights to the child, and he can request a paternity test, which will deem him the father, then he can fight for custody and visitation. Not married? Then you have the right to prohibit him from seeing the child, until paternity is determined. Then again he can fight if he choses to.

Good Luck, and I am sorry that things haven't worked out, I am sure (or at least hope) that you didn't plan for the child to be minus a parent. But stay strong and you will be a good mom--no matter what!!!

Answer 5

I went through something similar. Generally, the mother retains full custody until a hearing is set, at which time the court will determine whether you retain full custody or whether they modify the custody. You can end up with full custody, but he may be allowed visitation, which is generally every other weekend and every other holiday. Or Joint Custody, which is a little different. Either way, you may want to speak with a lawyer or someone from the Office of The Friend of the Court. As far as morally, it's up to YOU to decide who sees your child and who doesn't. Again, speak to a lawyer first.

Answer 6

So you could tell him that. but this is the father of the child no matter what happens. Shouldn't you think about just letting him see the child is alive. You've gone through all this without him, it would almost be better just to let him see, and rub it in that you did this all alone.
In any case, as the child gets older, its still his child. Even if the court gave you 100% custody don't you think a child deserves to know their parent even if htey are a little wacky or screwed up.

Answer 7

is he paying child support? or you 100% sure he is even the father? if there has been no dna test done he may want to see the child to find out if he is the father or not.he has the right to know.get the paternity test.if he is the father he has rights also.if not he will not have to pay support or any doctor and hospital bills.frankly i think most men are stupid to assume they are the father,the fact is about 45-60 percent of men are raising at least 1 kid that is not their own.that is quite disturbing i think.maybe it should be a mandatory part of prenatal care to establish paternity as soon as possible.before birth could be very helpful.and if a woman is living off welfare having child after child with no father around or no man is part of their lives they should kick her off welfare sterilize her and make her support her kids herself.the tax burden caused by these people is unacceptable.harsh yes but necessary.good luck.

Answer 8

In MY experience, you have the right to tell him he can not see her because YOU are the custodial parent. You have the right to keep him out of your home. If there hasn't been a DNA test and he DID NOT sign the birth certificate then he will need to go through the court system.

Answer 9

you have custody and courts don't like taking new borns from mom unless they've been deemed unfit. Let him see her but if he plans to sue for custody don't let the baby out of your sight. My sis in law is going through the same thing and he is planning to sue for it another thing and its sneaky and underhanded but if he is going to sue then don't put his name on the certificate he then has to prove the baby is his by dna testing (expensive) and then the courts will make him pay support after that he can start for custody

Answer 10

Call him and talk about it like mature adults.
Why are you waiting for life to just happen to you? Step up and take charge of your life.

If you cannot contact him directly perhaps involve his parents. They are the grandparents after all.

Unless he is physically violent there is no reason why he should not be able to see his child.

If he was good enough to have sex with he should be good enough to be a father to his child.