my daughters live with me how can i get full custody? does the father have any rights if we weren't married?

Question

i was never married to the father i have two daughters with him he is on the birth certificates, the problem is that i've always gave him a chance to come pick them up & be in theire lives i never asked for child support...he doesn't work he has section 8 trying to fight for social security for his epilepsy & depression , he told me 4 months ago "when i grow up & deceide to be a dad i'll go see my daughters... i said sorry it doesn't work that way so i told him never to call or come by again. 4 months has passed and he's saying that he's going to take me to court,well this guy smokes weed drinks(this is the reason i left) and he used to hit me in front of my girls...now i'm in a relationship for about 2 years and i have a baby with my boyfriend he supports us (we live together) my girls say he's daddy. my question is does he have any rights to see my daughters?they don't want to go they say he doesn't spend time with them and tells them to go next door (to his moms house) or neighbor

Answer 1

If you want full custody, you need to go to the Juvenile & Domestic Relations Court in your jurisdiction. Tell the clerk that you want a 'Petition for Full Custody.' The clerk will give you a courtdate for your hearing to be heard. From what you've said about your daughter's father, I seriously doubt that the judge would let him take them for visitation. He sounds like he has alotta 'issues.' No judge is gonna let a man like this be solely responsible for two small children....even for a day. The judge may give him 'supervised' visitation...that's where his mother, sister or some responsible adult MUST be around when he has the children. Of course, because he doesn't pay child support, I'm not sure that he'd get ANY visitation!! One important thing!! When your case is being heard in court, make sure you tell the judge all the things you've mentioned about your girl's father...i.e. that he smokes weed, he's depressed & has epilepsy, he doesn't pay child support, etc. This will have a great bearing on the judge's decision. I work in Juvenile & Domestic Relations court and this is 'usually' the way things work out when dealing with a father like this.

Answer 2

He does have custody rights. You both have half but if you take him to court and tell the judge all this then the judge may grant you full custody. You should tell your daughters to tell the judge they dont want to see him as well. It will help a lot! I hope this helps I am going through the whole court thing now. My mother is trying to get full custody of me. The only thing different is that my father use to hit me. I wish you the best of luck!!! =)

Answer 3

he is still their father regardless of what he smokes..but......have him tested(for drugs) by court order to be sure your girls will be safe in his care. AND>>>why are you letting him get by not paying child support ???? Didn't he help make these children? Also have a DNA done so there is no question about if he is the father. And set morals for your girls and don't let them call anyone else "daddy"...they only have one!
This also could cause you to lose custody!
Regardless --he has rights---even if they go to his moms house or neighbors--as long as they are cared for while in his care. I know you don't like my answer but it is the truth.

Answer 4

I can relate well to this because your story is mine. I decided to look out for my girls best interest. I sucked up my pride and put him on child support. They don't visit him but goes to spend time with grandma. That's the only time he sees them. And from what you stated he has no rights if any. the drug issue killed that for him. Plus I know it is not about money but it always helps. Wait to see if he is approved for social security and you will find out because they will notify you and you will receive SSI for your girls on the behave of him. I work at the ssi building its facts. Good Luck to all of you and tell your boyfriend thank you because he is a man to take on the responsibilities of another man. We need more men like him in the world.

Answer 5

I used to live with my mother, she used to steal, do drugs, and was just a bad mother. When it came to the custody battle my dad and his new partner (who he still lives with, 11 years on) had a file full of reasons (why there we better, stable home etc, and things against her) as to why we (me and my brother) should live with them. when my mother took the stand and was asked why we should stay with her, she simply said...'coz im there mum.' So custody throughout the week was awarded to my dad and his new partner, while we went to my mothers at the weekend. But, the woman couldnt be bothered, she gradually kept not picking us up, the last time i saw her was 10 years ago. (My dad and mother wern't married)

If you create a good enough case against him, i cannot see him been allowed much custody, they might give him weekends, like the did my mother. but if your children refuse to see him, he wont be able to do anything about it. I no i once did, my brother went and i refused to go, she didnt care.
I do hope, that if you do go, they give him as little custody, if any, as possible. It sounds like your children are much better of with you and your new man than this abusive addict.

Sorry its so long.

Answer 6

He's the father..You shouldn't deny him of seeing his daughters..... If your afraid because of the way he is and you don't trust him, then file for custody w/ supervised visits.... Your not being fair to your daughters by allowing him to stay away.... I don't like my child's father either - but I would NEVER deny him from seeing his son.... Let the court system decide on how to arrange things and stick to the final decision.

Answer 7

you'll have to go back to court on this. it's a 50/50 shot that you'll get full custody. however, if you were never married and have never been to court for this, technically you already have full custody. why has he threatened to take YOU to court? for custody? he doesn't stand a chance.
he has rights as their bio father even if he hasn't been in contact in four months. even if this goes to court and you have full custody, he'll still get visitation.

Answer 8

Unfortunately unless you have a court order stating otherwise he has rights to your children. The system can be very tricky and backwards also it can be a very lengthy process to get a deadbeat dad out of the picture and to relinquish his rights...

Answer 9

Yes, he does have rights. Get yourself to court and make sure your girls are protected. If he hit you, there is a good chance that he will hit them too.

Answer 10

Marriage has no bearing on paternal rights. If you want full custody - hire an attorney and go to court. If you want to sever his parental rights, discuss it with your attorney and have him sign a petition.