My childrens biological father was recently relised from prison. I gave birth to my twin daughters while he was in prison and he is not on the birth certificet. The children have my last name, and live with me. The only thing that he has is a paternity test stating he is the biological father.
They have never met their father. I have been supporting them and we do not have a child support agreement as of this moment. We do have a court date in Oct for child support to be set up.
What I am wondering is does he have any custody toward the children? Can he come and snatch them up from day care if he finds out where they are and I can do nothing about it? Do I need to go and file for custody for my children and state what visitation I want him to have if any? I live in california.
2007-09-11 16:28:21 · 12 answers · asked by kila537 4 in Family & Relationships ➔ Family
I really can not afford a lawyer. I am looking to do this with out one. Him and I were never married
2007-09-11 17:12:52 · update #1
I think the best thing for you to do right now is go and file for custody of your children. Good luck!
2007-09-17 09:47:30 · answer #1 · answered by delgirl 1 · 0⤊ 0⤋
I don't know the specifics of your state. But my guess would be, yes, he can do that. The VERY best thing you can do is get a lawyer. They are expensive as all hell (I know, I just got divorced), but you need someone that knows the law. Also, since he just got out of prison, perhaps you could get a restraining order against him. At least in the short term it will give you peace of mind that he won't take them away. But, with a restraining order, you must find a way to prove whatever it is that you are claiming. If he has a violent past then that might be good enough. No matter what, though, get a lawyer.
2007-09-11 17:03:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
UNLESS the guy was imprisioned for CHILD ABUSE, he has every legal right to see his children.... I would get a lawyer if I were you and when you are in court in October for the child support, have the court set up a visitation schedule that you and HE can mutually agree on. There is one other thing you can do to... IF the guy wants to totally get out of paying child support when you go to court---offer him the opportunity to give up his parental rights.... in that way it's LEGALLY as if he was never their father at all by him signing his rights away and you won't have to worry about visitation EVER....Talk it over with an attorney BEFORE you go to court in October.
2007-09-11 16:47:01 · answer #3 · answered by LittleBarb 7 · 0⤊ 0⤋
Married or not, he is still the biological Father of the children. Probably, if you are awarded child support, he will be given visitation rights. If I were you, I would want the court to take away his parental rights.
2007-09-16 14:10:25 · answer #4 · answered by jcf6865 6 · 0⤊ 0⤋
The father has every right to see his children no matter what but you will have no problem maintaining the custody, the courts almost always side with the mother unless the mother is unfit.
2007-09-16 13:35:54 · answer #5 · answered by paul s 4 · 0⤊ 0⤋
Your best bet is to go to an attorney. they can explain the rights of the father to you better than anyone can.
Has he asked to see the children or are you just assuming he will want some kind of relationship with them?
Just remember one thing: you're children are going to start asking questions when they are old enough to know who their father is. When they do don't be surprised.
Your best bet is to slowly introduce them to him, this way it is not a shock to them and it doesn't scare them. Start with phone calls and work from there.
He does have some sort of parental rights.
2007-09-19 15:52:57 · answer #6 · answered by joyce m 2 · 0⤊ 0⤋
in the experience that your husband has a visitation time table and his ex-spouse does no longer abide by ability of it she is breaking the regulation. purely call the police document a document and have her arrested. i understand that seems harsh and you and your husband are asserting to eachother yet she is her mom I couldnt have her arrested. yet once you do no longer arise on your rights as a Father no person else will. As for petitioning the courtroom for finished custody. Get a felony expert. i understand they are high priced been dealing with it for 14 years with my husband and his ex. Scrape the money at the same time and get a felony expert. you will no longer get custody devoid of one. you are able to petition the courtroom and not making use of a felony expert for enforcement of your visitation. rfile each and everything call the police and have police comments filed ensure you get copies of the police comments. As for the scuffling with and hitting and arguing the youngster is 10 years previous. Her mom is enjoying video games together with her mentally approximately her Father, she has the two a clean stepmom and stepdad interior the %, she has won step siblings, that's lots for every person. she is going to have habit matters. What you ought to do is stand employer on your place rules and as no longer person-friendly because it truly is to punish a infant which you purely have on the weekends you ought to. She is finding for shape and stability. Her Dad additionally desires to spend some one on one time together with her on the weekends. She grew to become into an purely infant and would additionally be crushed and feeling surpassed over with the different 3 teenagers. remember she is barely there on the weekends. She see what your 3 teenagers get or have and it leads to jealousy and anger, I choose you and your loved ones the perfect. be effective to call the police and document comments. playstation once you call the police purely remember to've a replica of the visitation time table which you would be able to supply to them.
2016-11-10 04:48:49 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I would get an atty. (if you have the money.) But as long as he can't prove you unfit..there is no problem!
I know 80% of custody battles go towards the mother. I would not worry..as long as you can pass a drug test...and for him being a convicted criminal...Need I say more?
2007-09-11 16:36:59 · answer #8 · answered by Kendra420 4 · 0⤊ 0⤋
I DONT KNOW ABOUT THE LAW IN CALIFORNIA BUT SURELY HE MUST HAVE GUARDIANSHIP FIRST BEFORE HE EVEN THINKS ABOUT CUSTODY.
I FEEL THAT YOU DO NOT WANT HIM TO HAVE CUSTODY. BUT HE DOES HAVE THE RIGHT TO SEE HIS CHILDREN AND THEY HAVE THE RIGHT TO KNOW THEIR FATHER. IT WILL COME BACK AT YOU IN YEARS TO COME IF THEY DO NOT KNOW HIM, BELIEVE ME.
IF HE IS ONLY OUT OF PRISON HE IS NOT A VERY GOOD ROLE MODEL FOR YOUR CHILDREN IS HE? YOU COULD APPROACH IT FROM THAT ANGLE.
GOOD LUCK
2007-09-17 09:39:38 · answer #9 · answered by mmcf89 2 · 0⤊ 0⤋
you already have primary custody,. so if he goes and picks them up without your consent..you can call the law. no he has NO custody.. when you go in for the support date, you can set up a visitation schedule with him. but as of now. IN CA.. you have soul custody.
2007-09-19 15:45:39 · answer #10 · answered by KEL 3 · 0⤊ 0⤋