How can I legally withhold him from liability any contact and he won't willingly sign over rights hes threatening to take child from me in full custody.
He is a drug user and his character is mentally disturbing its not normal. I made a mistake yet realize that I have a responsibility to the child more importantly what can I do to ensure this man never sees the child he would be a plague to him.
What are my rights he is in CA i wont be in that state
2007-09-05
00:47:46
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15 answers
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asked by
Diva
3
in
Politics & Government
➔ Law & Ethics
well he has the money this happened at a time where i need him however he is just insane really i mean lie after lie and I'll do what i must to care for my child as an example I am 22 I do have skills
this is heartbreaking
2007-09-05
00:56:08 ·
update #1
I have witnesses God forbid but I do and myspace pages attesting aganist his character
2007-09-05
00:57:58 ·
update #2
I made a mistake all else doesnt matter these questions don't link back to me he doesnt have this email address
2007-09-05
01:00:01 ·
update #3
How old are you? You can always call a Lawyer for a free consultation.
2007-09-05 00:51:10
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answer #1
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answered by Jill S 5
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jgilbertdo told you to get a court-ordered psych exam. Well, obviously jgilbertdo is NOT an attorney or they wouldn't have posted such drivel so easily.
First, you must provide grounds for such an invasion with proof that such an exam is necessary to the court. And then it will most likely be the TWO of you going through the exams.
marie s, FOA and cantcu told you to lose contact with him. Sure, if you want to give up child support, effectively lose any right you have to support the child or face your child hating you for the rest of your life then be so petty.
The fact is, running away will NOT solve your issues. It only delays them. In this situation, because you ran away, if he files for custody after the birth and you flee, you will do so under criminal penalty.
Also, if you flee and return 10 years later broke and filing for child support, guess what? you secreted the child from it's father and have given up the right to seek retroactive support and a good case can be made for jurisdiction to remain in the father's home state.
AGAIN , neither of them attorneys.
You have ONLY two options and those are; upon the live birth of the child file for child support which will require a paternity test before trial on the issues can begin, or; do nothing and hope that he also will do nothing.
The child, regardless of YOUR mistakes, deserves his/her father. And like it or not, once you had a child out of wedlock, the child became an issue for the courts.
I would also STRONLY caution you about making accusations that you cannot completely prove with unbiased evidence in court. I am an attorney who practices family law in 6 states and at the Hague and on this one issue there is no difference in any of the courts.
People sling accusations all the time. What they can actually prove is about 10% of the whole.
The bottom line is, your child has two parents. Flawed they may be (BOTH OF YOU) they both have the same rights to THEIR child.
AND BY THE WAY: what he does to you is irrelevant to his rights regarding HIS child. While you may be successful in obtaining a restraining over for YOUR protection, since the child is not yet born the court has no jurisdiction to punish him for future possible abuse of the child until such happens.
It's not guaranteed that IF he abused you he will abuse his child. No matter how much you'd like to think he will.
2007-09-05 08:13:21
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answer #2
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answered by hexeliebe 6
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You'll have to have a custody trial. There, you will have to prove that he is an unfit parent and to take away all custodial rights and visitation.
Could be tough depending on how much evidence you have.
Most courts want the parent involve financially and for visits.
Is there a good guy who will marry you and adopt the baby? This might be a way to get the baby daddy out of your life.
Why did you go and get knocked up by some psycho, drug user? Couldn't you tell he was nuts before you let him put his unprotected wanger in your cootch?
How about putting the kid up for adoption or some other sane alternative?
It's not fair to bring a kid up with all that stuff!
2007-09-05 07:56:43
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answer #3
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answered by SolarFanatic 4
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You chose to procreate with this person - now you have to deal with it. Running away, hiding, etc will do nothing but delay the process and make you look bad. When the child is born establish paternity, support, and if the courts see fit visitation. Your relationship with the father has no bearing on his rights to see the child.
See this is a HUGE issue with me - you talk as if this baby is yours and yours alone, well it's not! He has rights as well as the child has the right to financial support, love, and a relationship with both parents. I don't care if you have "skills" or other wise -- you didn't have the skills to create a baby without the man. You say he's insane, then say it's lies blah blah - in court you better be able to prove what you are accusing him of and in reality your dysfunctional relationship still does not supercede his rights to know and be with his child.
2007-09-05 08:38:13
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answer #4
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answered by Susie D 6
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Sounds as though you need to see an attorney and get some sound advice from a professional. You might qualify for legal aid of some sort.
2007-09-05 07:55:36
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answer #5
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answered by Jack P 7
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first, go to counsuling - something like a battered wife type program, and ask if they could help you figure out what to do next. Then, talk to a lawyer. You will have to prove your charges about the guy. But if you can prove it, the courts should give you the protection you need.
2007-09-05 07:52:33
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answer #6
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answered by Larry V 5
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Don't let him get to you. Talk to a lawyer. Your x is just blowing smoke out his a
2007-09-05 07:56:56
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answer #7
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answered by Anonymous
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Get out of Dodge!
If those are true, it should be fairly simple to get visitation changed to a visiting center where they can be monitored, and if he is all those I suspect you couls also get a restraining order.
Is he even on the Birth Cert? If not he has no rights!
2007-09-05 07:53:19
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answer #8
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answered by cantcu 7
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Get a good atty. Standard custody battle to ensue
2007-09-05 07:54:07
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answer #9
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answered by wizjp 7
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Lose contact with him and tell him you lost the baby. Why did you tell him in the first place? You're not married or legally bound to him and he's not gonna go looking for you if you left.
2007-09-05 07:52:32
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answer #10
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answered by marie s 4
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