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How can I take his rights away?

My dd is 5 and will be going to school this year. Her father left when I was pregnant because he had to renew his Visa, and came back when she was 2 months old. He and I were not together, but he said he was there for her. He left again when she was 9 months old, this time it was because he wanted to and has not come back since. He has called his friends to check on my dd, but has never contacted me. Today I learned that he could take her from school when he wanted to, unless I take his rights away. I know I will lose child support, not like I get any as it is, but I would rather be safe than sorry. Who do I talk to about this and how do I do it?

 
krissyvelazquez

Asked by krissyvelazquez at 4:35 PM on Jul. 7, 2009 in General Parenting

Level 19 (8,028 Credits)
This question is closed.
Answers (10)
  • You need to get an Lawyer and may be able to get him on grounds of abandonement. I wouldn't worry about him showing up at your dd school to take her, it sounds like he doesn't want the responsability plus he would have to have proof that he is her father, the school would think it was kinda funny if he showed up claming to be her dad and she had no idea who he was. I was worried about the same thing when my dd was in pre-school, they told me that legaly yes he could take her but they would stale him while someone called me. Thankfuly this never happened as he didn't really want her anyway
    Bjoycassell

    Answer by Bjoycassell at 4:42 PM on Jul. 7, 2009

  • i thought his name had to be on a list for him to take her....thats how it was when i was in school. and you can also let the school know what is going on and about your concerns. tell them nobody is allowed to check her out or pick her up from school but you.
    SThompson21

    Answer by SThompson21 at 4:39 PM on Jul. 7, 2009

  • Go talk to a lawyer
    Anonymous

    Answer by Anonymous at 4:40 PM on Jul. 7, 2009

  • Call a lawyer, because they'll have the best info. I think to have his rights taken away, he has to give them up, or there has to be good reason. So talk to a lawyer and see what you can do. Him not being in the childs life at all will help somewhat.
    MommyLee08

    Answer by MommyLee08 at 4:41 PM on Jul. 7, 2009

  • You can sue him for custody and if he doesn't show up you can take his rights away. Of course this is until the court has given him a couple of chances to go. If he does show up you can prove that he hasn't been paying for child support and all that helps you to be on your way to having full custody of you daughter. If you have more proof that he is not a good father or a good person for your daughter to be around or if you can prove that you feel threaten by him, then you have a big chance of winning. Especially since he hasn't been there for her for the past 5 years.
    Anonymous

    Answer by Anonymous at 4:43 PM on Jul. 7, 2009

  • Is he on the birth cert? If he's not than he has no rights until they are established in court. If he is however go to your county court house and file a custody order seeing as you are the primary caregiver..you don't need a lawyer for that anD it costs very little. I did it.
    Steff107

    Answer by Steff107 at 4:48 PM on Jul. 7, 2009

  • Is he on the birth cert? If he's not than he has no rights until they are established in court. If he is however go to your county court house and file a custody order seeing as you are the primary caregiver..you don't need a lawyer for that anD it costs very little. I did it.
    Steff107

    Answer by Steff107 at 4:51 PM on Jul. 7, 2009

  • Sorry for the double post first day in the new Blackberry!
    Steff107

    Answer by Steff107 at 4:54 PM on Jul. 7, 2009

  • As far as I know, if his name is not on the birth certificate, he has no rights, and if he takes her it is considered kidnapping. If you are worried about him trying to take her from you, I would talk to a lawyer and possibly file a restraining order against him and also inform the school that your DD is NOT to be released into his custody and that the police need to be notified immediately if he tries. This is only of course, if you think he is a threat or might try and take her. Best thing...talk to a lawyer and see what the laws are in your area...but I know where I live, if the father's name is not on the birth certificate, he has no rights to the child unless otherwise stated by the mother himself or also in legal writing.
    Ash9724

    Answer by Ash9724 at 4:57 PM on Jul. 7, 2009

  • If you can get his rights taken away you probably wont loose child support. My cousin just went threw this and because there is no one else to take financial responsibility then he still has to pay (if you arent getting anything go after him for it your DD deservs it). I am doing this with my ex he is agreeing to sign away his rights and he thinks that he wont have to pay but in my state and his he still hs to pay it just means he has no right to the baby. Talk to a lawyer or your local child support office they can direct you better than anyone
    Alie1313

    Answer by Alie1313 at 10:24 PM on Jul. 7, 2009

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