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What are my rights to my child?

Her father is not named on the birth certificate, and he wasn't even there due to him being incarcarated. I have gotten TANF a few months back, and I named him as the father, he didn't want a paternity test, knowing this was his daughter. She also has my last name, not his at all. NOW a lot of stuff is going down, and i'm trying to figure out my rights to her...if she goes with him, and he doesn't bring her back am I able to call the cops and it be called kidnapping? We haven't gone through custody battle yet...due to he will bring up visitation rights, and I don't want to go through that yet.


Asked by knicole0708 at 5:24 PM on Jan. 3, 2010 in General Parenting

Level 23 (17,012 Credits)
This question is closed.
Answers (3)
  • I'm kinda in the same situation, but honestly It all depends on the state you live in and their custody laws. I know that in illinois,
    if you arent married to the man, you have sole custody to that child. If his name isnt on the birth certificate or there is no DNA test done, than as of right now he has NO RIGHTS..until he can prove it in court, by taking a DNA test. However, if it does go to court than
    yes he will most likely get visitation rights. But you can ask them to be supervised, so he isnt alone with the child.
    IF he leaves town or state with your daughter, without consent, than yes, he will get kidnapping charges, even if his name is on the birth certificate. You are the custodial parent, until it goes to court and custody or visitation rights are established, you do not have to let him see the baby..PERIOD.. So if he threatens with cops, there is nothing the cops can do. except tell him that you have custody.

    Answer by chrisalyne at 5:32 PM on Jan. 3, 2010

  • It would make sense to me to go through with the custody and visitation rights before you let him take her somewhere. Unless custody has been established, he has just as many rights to her as you do.

    Answer by mandaday at 5:28 PM on Jan. 3, 2010

  • I kind of think you should get a paternity test on him and dd just to be sure. Since things are tough between you and him you proven birth mother against him a birth father who might disappear with dd, could be better for you.

    Answer by lfl at 5:38 PM on Jan. 3, 2010