My ex Wife died 2 years ago without my knowledge didnt find out till now, had a daughter her, my daughter is now living with my ex's step brother and her natural grandmother. have tried to find her for two years, only to find out that my ex wife died 3 months after finalisation of our divorce.need to know my rights, i was married to her when my daughter was conceived/born and what rights does the step brother as i dont get on with him to say the least.Any help would really be appreciated. many thanks
2007-08-12 12:30:57 · 11 answers · asked by TREVOR G 2 in Family & Relationships ➔ Family
Get a lawyer and a court order for a paternity test. If the child is yours, the courts will award you full custody of your child as the sole remaining surviving parent. Up to you to push the issue though.
2007-08-12 12:39:16 · answer #1 · answered by Rav 5 · 2⤊ 0⤋
If you have a daughter you knew nothing about, odds are you were NOT mentioned on the birth certificate as the father... if you WERE, that would be all the proof you would need to prove PATERNITY and you would have to then pay CHILD SUPPORT.... as far as giving custody outright to YOU, the courts would do what is in the best interest of the child.... IF there were legal documents drawn up that gave custody to her step UNCLE, there may not be MUCH you could do IF your daughter has lived with THEM since infancy.... However, you would definitely be entitled to visitation and they would have no right to stop you from getting to know your daughter and letting HER know you are her father..... If your name is NOT on the birth certificate, you'll probably have to go through DNA testing to prove you are the biological father and then, a LAWYER would have to be hired to help you either get custody OR visitation... if this child has always lived with this STEP UNCLE , the courts MAY not take her away from the living arrangement IF the child is happy and well adjusted and being treated properly. But you will definitely need a lawyer either way.
2007-08-12 12:47:41 · answer #2 · answered by LittleBarb 7 · 1⤊ 0⤋
It doesnt seem like you were around during your daughter's life previously so why would you want to be involved now? All you would do is unsettle and distress her! You sound incredibly selfish and insensitive. Whatever you may think of the stepbrother, it would seem he and the grandmother have been caring and loving to your daughter and given her a stable life. If you cared at all about her, you would not try and change this. Why not get on with your own life and let your daughter come and seek you out (should she wish to) once she is older. Step very very carefully.
2016-05-21 01:15:53 · answer #3 · answered by carletta 3 · 0⤊ 0⤋
Not as straight forward as people here are trying to make out. For one thing your daughter has no knowledge of you. The courts might decide that it is in her best interests to leave her with the family she has grown up with.
Technically speaking you have all the rights in respect of your daughter as you are her natural father, but things are never that straight forward in family law.
You need to speak to a solicitor and get advice. Apply for legal aid if you cannot afford a solicitor. Look for a good solicitor. Most solicitors like to cause conflict in family law cases as they can drag proceedings out and make more money. Avoid conflict at all costs, and NEVER loose your temper, EVER, no matter what the provocation. That will be reason enough to stop you gaining custody of your daughter.
Be careful, and good luck.
2007-08-12 12:53:44 · answer #4 · answered by Shakespeare 3 · 1⤊ 0⤋
You, as the natural father have the right to have your daughter. You may need to get a lawyer or even get the police involved but you are her father. The step-brother isn't even a blood relative (though the grandmother is); he cannot keep her.
2007-08-12 12:52:24 · answer #5 · answered by Patti C 7 · 1⤊ 0⤋
You have the right, at the very least to visitation (in MI ) If you can prove you have a stable home and job and that you have been searching for your daughter actively, you have the right to fight for full custody. Think about the childs welfare as much as your own however, if I were to die, my daughter is to go to my brother until a bond can be sufficiently built between my daughter and her father who is overseas in the military. He doesn't agree with this, but when you sit down and think about it rationally, sometimes its best for the child to at least on a temporary basis to be with someone else.
2007-08-12 12:42:33 · answer #6 · answered by ? 2 · 2⤊ 1⤋
Just hang around you lot how do you know the story is true and if it is what does the child WANT which strikes me has being the important thing. its so easy to rush in and tell the alleged father that he has certain rights. and what did the mothers want to happen.
2007-08-12 12:59:23 · answer #7 · answered by Anonymous · 1⤊ 0⤋
U have all the rights get the police tell em ur going round to get her..Also make sure u got a copy of the birth certificate if not gotto the town hall or place where she was registerd.Make sure u have a marriage certificate aswell&divorce paper.
2007-08-12 12:38:27 · answer #8 · answered by skamanoi 2 · 2⤊ 2⤋
Check with you legal aid society or your attorney about any rights you will have to your daughter. Good Luck
2007-08-12 12:40:32 · answer #9 · answered by WVPV07 4 · 2⤊ 0⤋
how old is the child? is she old enough to make up her own mind? you cannot ask for custody if you don't have relular contact? you must put the child first does she know you?
2007-08-12 18:16:35 · answer #10 · answered by Diamond 7 · 0⤊ 0⤋