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who has legal rights to their child??

I have a 14 month old daughter and her father and I just split up. We are not living together but, he signed a paternity affidavit so his name is on t he birth certificate. And have no official parenting plan. So my question is as of now who would have legal rights to her?

Answer Question
 
stephanie61087

Asked by stephanie61087 at 2:12 PM on Dec. 12, 2008 in Relationships

Level 2 (4 Credits)
Answers (17)
  • Without a court order, both of you, since he is on the BC.
    CarolynBarnett

    Answer by CarolynBarnett at 2:14 PM on Dec. 12, 2008

  • both technically but if your worried he might try to take her you can go file for temperary custody untill you go to court. were you married?
    Mommy2B04

    Answer by Mommy2B04 at 2:14 PM on Dec. 12, 2008

  • who ever has the child when you slit up is the one the child stays with until a court hearing.
    robinalbright

    Answer by robinalbright at 2:14 PM on Dec. 12, 2008

  • Without a court order you both have legal rights to her...equal rights.
    a_and_j_momma

    Answer by a_and_j_momma at 2:35 PM on Dec. 12, 2008

  • both.
    AmaliaD

    Answer by AmaliaD at 2:41 PM on Dec. 12, 2008

  • i think you both would but i have complete rights cause i asked for it in the divorce and he wasn't there to contest it. although it doesn't make much difference him not being on it. you will probably be the primary parent with joint custody but he will have the visitation and you get the child support. that is if you go to court to establish all this. right now though you both have the same legal right to her.
    melody77

    Answer by melody77 at 2:46 PM on Dec. 12, 2008

  • you need to go file for custody right away. At this point he has as much right to your child as you do thus if he takes her for any length of time there is nothing stopping him from not bringing her back.
    mamakirs

    Answer by mamakirs at 2:46 PM on Dec. 12, 2008

  •                                                              REPLYING TO MY OWN QUESTION


    no we were never married. the reason i am asking is because he wants us to have what he think is equal time with her and that is three and a half days each in one weeks time... And i personally think that is B.S. especially because i have been her primary care giver and a stay at home mom so she has been around me 24/7 sense she was born...

    stephanie61087

    Answer by stephanie61087 at 2:49 PM on Dec. 12, 2008

  • i have custody of my kids their father is on their birth certificates but we are not married and he has no rights to them
    wendy232425

    Answer by wendy232425 at 2:55 PM on Dec. 12, 2008

  •                                                                        REPLYING TO MY QUESTION


    i need to know from a legal viewpoint who would have complete rights to her because her father is extremely legalistic and will try do do what he wants regardless of what i say or how i feel...

    stephanie61087

    Answer by stephanie61087 at 3:17 PM on Dec. 12, 2008

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