Can someone please explain to me only if you know, the rights in the state of Washington for the father. She out of no where got up and moved out. She is claiming I have no rights. I am on the birth certificate, and theres no question im the father. Im also concerned she might take out of country. She is completely controlling how where and when i can see my newborn son, which by the way is almost next to nothing. Does she have all the say and rights or can i control this situation just as much, and just go get my son? With out rage, all that stuff of course. Thanks. I really just miss my son, shes claiming she dosent want me to see him, pay for him, and claims she is and is able to raise completely on own, and that pisses me off. I miss him dearly and dont really want to take to court, partially because i cant afford an attorney currently, please respond.
2007-12-06 16:55:11 · 12 answers · asked by pmdet_24 1 in Pregnancy & Parenting ➔ Newborn & Baby
Anywhere in the United States, what she's doing is wrong.
If your name is on the birth certificate, and you are definately the baby's biological father, you have rights. The only way she get change that is to have you sign away your rights, but you don't have to do that. As long as you have parental rights, you have the right to see your child, make decisions for your child, etc. That means she can't run off with him. It would be considered custodial interference. In most states, if not all of them, it's a Class E felony. Basically, the definition of custodial interference is when someone (family member -- the other parent, grandparents, aunts, uncles, siblings, etc.) takes a child from a parent for the purpose of denying the parent physical custody of the child.
Of course, with parental rights comes parental responsibilities. If you do this (and you should), be prepared to pay child support, unless a judge gives you physical custody.
I'd suggest you start by calling the non-emergency police. Tell them what is going on, and ask if it would qualify as a kidnapping worthy of an investigation. If it is, they'll step in and get involved. If it's not, they could probably direct you to the person you need to talk to. Considering the fact that it's a crime, not just a not-nice thing to do, the DA would possibly take it on in criminal court.
Many judges don't even allow a mother to decide she does not want the father to pay child support, seeing as that money is not HERS to refuse. It's the child's. And it's in the best interest of the child to have two parents in his life (not necessarily married, and as long as neither are a danger to the child), and even if she COULD raise the baby on her own, two incomes could provide a better lifestyle for a child than the income of a single mother.
While traditionally, women fare better than men in custody cases, this little stunt she's pulling would probably sway a judge the other way.
Keep in mind, though, it is no more legal for you to go take the baby from her than it is for her to take him from you. Follow protocol, or you're both in trouble. Exercise your rights within the system.
You don't mention how old your newborn is, but may I make a suggestion? I would see about getting her in to see a doctor, either a family practitioner, a psychologist/psychiatrist, or even an ob/gyn. If, up to the baby's birth, and a little while later, she was fine, then suddenly did this, she could be suffering from post-partum depression or, more likely, post-partum psychosis. If that's the case, getting her help for it could quite possibly cause her to get back to her old self.
P.S. the term Faerie is looking for is "pro bono." Many lawyers take on a certain number of cases a year free of charge. See if you can find someone to do that.
2007-12-06 17:30:27 · answer #1 · answered by CrazyChick 7 · 3⤊ 0⤋
You really need to find a way to bring this to court. You need to establish your paternity (even though you are listed on the birth certificate, you still need to do this) and you also need to get set up to pay child support. At the time of the court date family services will help determine a reasonable visitation schedule, and your girlfriend will not be allowed to take the baby anywhere (this means moving) without your consent. Get the ball rolling and be cautious about who you get involved with in the future. Good luck with being a dad.
PS: Courts frown on women who try and keep children from their fathers. It's much different than it used to be---women do not have all the power and say.
2007-12-06 16:59:04 · answer #2 · answered by Marina 7 · 2⤊ 0⤋
She can't do that to you. You can go file with the court for joint custody. It is easier with an attorney. A reputable attorney will work with you on a payment plan. You need to protect your rights as a Father. You need to protect your son from someone who may be acting irrational.
Dont threaten to get an attorney. Don't tell anyone you're thinking about it or have an appointment to see one. Just go get one. Protect your rights and that of your son.
2007-12-06 17:11:19 · answer #3 · answered by Carol T 4 · 0⤊ 0⤋
I have to answer, and I apologize because I am not familiar with Wash state law in regards to this. But with a man such as yourself who WANTS to be part of his babies life, and a mother who is refusing you that chance I have to speak out.
Yes, you have all the rights in the world and she is 100% wrong. Immediately file a petition with the courts for at the very least visitation and you should even try to get shared custody of this baby. You probably can get it. But that would probably require the two of you living in the same school district once the baby gets to that age.
There must be an attorney that can take on your case for free (sorry I forget the legal term). I would look into the courts for that.
Good luck! I hope that you get to see your baby, lots!
2007-12-06 17:23:25 · answer #4 · answered by FaerieWhings 7 · 0⤊ 0⤋
You don't need a lawyer to go into court and get visitation rights (they will also set up child support). You have the right to see your child and she should not be keeping your son from you like this. If you are afraid she will leave the country, you can file for an emergency court hearing and they will get you in sooner so she will not be able to leave the country.
Good luck and I hope everything works out for you!
2007-12-06 17:08:22 · answer #5 · answered by Madison 6 · 0⤊ 0⤋
You need to get to the courthouse ASAP and talk to someone, they will tell you what to do. She may try to lie on you and say you will not pay and this and that or worse things. You need someone to know the truth first and in writing. Also, you do have rights. The judge can give you emergency time with him at least 50% and if your worried she may take him they will stop that also good news for you now in the USA one parent is forbidden to get a child a passport no matter if they are married, divorced, whatever. Both parents have to be there and to sign to get one. SO LUCKY YOU ok :) But really please talk to someone or get a lawyer bc this is your child and its not fair she took him from you lika that. You should be able to have time with him just like her.
2007-12-06 19:43:00 · answer #6 · answered by Anonymous · 0⤊ 0⤋
This may sound off the wall, but is there any way you can talk to another family member, like her mom or dad? They may understand more about what's bothering her and help resolve the issues. The courts are a final solution and only makes things worse most of the time.
2007-12-06 17:05:31 · answer #7 · answered by Fauna 5 · 2⤊ 0⤋
You have the same rights that she does. I suggest that you talk to a family lawyer that way you can start custody proceedings. We're you married to your son's mother? Custody should have been determined during the divorce. Find a lawyer in your area and then you can get visitation set up. She can't legally take him away from you without having full custody. It's considered "Parental Kidnapping".
2007-12-06 17:04:33 · answer #8 · answered by Dani 5 · 2⤊ 0⤋
In most states, an unwed mother (at birth) is automatically given sole custody of her child regardless of whether the father is on the birth certificate. You don't need an attorney to fight for custody.
http://www.custody.com/articles/unmarried.html
This page should have all of the information you need.
2007-12-06 17:05:28 · answer #9 · answered by xxunloved_little_angelxx 4 · 1⤊ 0⤋
You don't need an attorney to go into court and file a petition for visitation. You are entitled to visitation and to pay child support. Let them know you want an emergency order because you're afraid she might leave the country.
2007-12-06 16:58:52 · answer #10 · answered by Anonymous · 7⤊ 0⤋