My friend has a 5 year old that calls her step father dad. He has been apart of her life for 3 years and spends most of her time with the step dad. She doesn't like calling him by his first name and they have tried nicknames. She was calling him step daddy but told them that it takes to long to say so she wants to just call him daddy. Her "real" dad doesn't like it and has made some threats. Can she lose custody of the child for allowing her to call him "daddy"? (don't know if there is a different answer for each state so, we are from texas). Oh, and if you have found legal documentation stating either way would appreciate if you could provide link....thanks so much!!
2007-11-15 15:02:33 · 11 answers · asked by Candice C 1 in Pregnancy & Parenting ➔ Parenting
No she will not loose custody of her child. The father is just mad (feeling hurt) and is making threats. I have 2 children from a prior marriage and my son calls my husband Dad all the time. My ex does not like it, but the way I look at is my husband is the one there for my son and IF the child wants to call him Dad that is up to the child. My daughter does not call him dad too often, normally by his name. I left it up to the kids and they call him what they want. Tell her not to stress over it.. He is just blowing steam. Good luck
2007-11-15 17:38:50 · answer #1 · answered by s g 2 · 0⤊ 0⤋
A parent cannot lose custody just for that, but the non-custodial parent *can* go to court and claim that the mom and the step dad are alienating the child from him and use that as proof. If the judge found that the child was being alienated from their father, many judges would grant him custody providing that he would not alienate the mom.
This is not the law per se, but is more of a general practice among judges-if one parent is isolating/alienating the child from the other parent, the alienated parent will often have a case to get custody.
Obviously, if the child is choosing to call the step dad "daddy" and is not be coeirced, manipulated, or forced to do so then the non-custodial parent wouldn't have much of a case for alienation. However, if the judge believed that to be a smaller symptom of a bigger pattern of alienation (does the mother/step father interfere in the dad's visitation? etc.) then he may have a shot at custody.
It mostly depends on the judge.
2007-11-15 16:23:57 · answer #2 · answered by lovelymrsm 5 · 0⤊ 1⤋
She cannot lose custody based on the simple fact that the child calls him daddy. I think the biological dad's ego is bruised and so he's make threats but... too bad! Ultimately the mother and step father is not forcing her to call him dad, it's the child who choses to do so. Even if the mom was having her call him dad, what is the harm in that? There aren't any laws preventing children from calling a person dad. How many one year olds do you know call their grandma mom for a little while--- it's more common then not. All my kids went through that phase because they heard me and my brothers say "mom" all the time to her and she answered. Tell your friend that he has no merit to take custody. The child isn't neglected or endangered so I wouldn't worry. That type of evidence is inadmissable in court.
2007-11-15 15:11:58 · answer #3 · answered by sincere087 2 · 5⤊ 0⤋
I don't think there is any precedent for a woman loosing custody because of what their child calls a stepparent. I think it's mean that the father would make threats at all about this, he sounds jealous, but he has to understand the child is only 5 years old. He should be happy she has a good male influence to live with every day. I am sure she understands who her "real" father is, so he needs to get over himself.
2007-11-15 15:27:41 · answer #4 · answered by Zyggy 7 · 2⤊ 0⤋
If you have full parental custody of the child you can take them anywhere you want to. Seems like with her moving so far away she really has no interest in the child. I would petition the court for full custody and more then likely it will be granted to you.
2016-05-23 08:47:27 · answer #5 · answered by ? 3 · 0⤊ 0⤋
I have no documentation, but courts take away children that are being mistreated or not taken care of well. It is cruel to keep a child from calling the man in her life daddy, they are too young and shouldn't be put in that mess. That man needs a wake up call, that if he wants his child to call him dad, he needs to be more in their life, and that making threats will only harm the child and his child happiness should be what is most important with him. I think that most judges would dismiss this and hopefully put him in his place.
2007-11-15 15:12:22 · answer #6 · answered by nanners454 5 · 3⤊ 0⤋
no, custody can not be changed just because the child calls another man daddy. the real father is hurt by it and making threats that cannot be followed through with.
2007-11-15 15:20:13 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No. Custody is lost if there is proof (or sometimes serious suspicion) of abuse or neglect. I can't imagine that law being too different from state to state, although most states do have free legal aid/advice available.
Her "real" daddy should just be thankful that his little girl has a good "step" one.
2007-11-15 17:37:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No, of course not. There is no legal standard saying a child can or cannot call someone what they want to call them. The biological father just needs to get over himself.
2007-11-15 15:25:45 · answer #9 · answered by Heidi W 3 · 1⤊ 0⤋
I did and still do call my step dad "Dad" No you can't lose custody. It is not neglect.
2007-11-15 15:06:20 · answer #10 · answered by TLS (Caitlin is coming! 5/15/08) 5 · 5⤊ 0⤋