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child custody

Posted by on Nov. 22, 2011 at 11:58 PM
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So I have always been the sole provider for my 3 year old daughter she has only met her father a hand full of times and the closest he has ever got to providing for her was paying me back $20 so I could get diapers for her when she was an infant anyways he's not on the birth certificate but we do have a paternity test now he's saying he wants visitation (as in over night) what do I have to do to make sure he has no rights to my daughter at all.....don't get me wrong he's not a terrible guy but I don't take chances when it comes to my daughter and I have a friend in a similar situation and her ex actually took her daughter for about 3 or 4 days without her consent
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Posted by on Nov. 22, 2011 at 11:58 PM
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DDDaysh
by New Member on Nov. 23, 2011 at 10:42 AM

 There isn't any way you can get rid of his rights if he wants them.  A paternity test establishes paternity, that makes him his legal father whether he's on the BC or not. 

Now, whether or not he has any custody without going to court is a different matter.  In some states, being the father gives him absolutely equal rights to her as you unless you have a court order to the contrary.  In other states an unmarried mother has default custody until the father requests custody order from the courts.  Do you know the laws in your state? 

No matter which state you're in, he'll be able to petition the courts for custody and/or visitation.  If he is not a safety threat to your daughter, he will get at least visitation.  If you believe he is a safety threat to your daughter, you will need to be able to provide proof, and then he will likely get only supervised visitation. 

strongerwtime
by Member on Nov. 28, 2011 at 3:14 PM

This is absolutely correct.   

 

Quoting DDDaysh:

 There isn't any way you can get rid of his rights if he wants them.  A paternity test establishes paternity, that makes him his legal father whether he's on the BC or not. 

Now, whether or not he has any custody without going to court is a different matter.  In some states, being the father gives him absolutely equal rights to her as you unless you have a court order to the contrary.  In other states an unmarried mother has default custody until the father requests custody order from the courts.  Do you know the laws in your state? 

No matter which state you're in, he'll be able to petition the courts for custody and/or visitation.  If he is not a safety threat to your daughter, he will get at least visitation.  If you believe he is a safety threat to your daughter, you will need to be able to provide proof, and then he will likely get only supervised visitation. 


PiecesofFaith
by New Member on Dec. 25, 2011 at 11:00 PM

While I agree with the previous posters on knowing the laws of your state, is there any way you can calmly talk to him about the issue.  If you can, try to explain that bc she doesn't know him, you would feel more comfortable with him seeing her with you present until she feels safe.  Then, as she feels more comfortable with him, maybe some short visits alone with him.  Nothing overnight until he proves he can take care of her and she feels safe.  And, go to CSE.  Make sure you are getting the money you need to provide for her.  I'm sure you are doing a great job now without his help, but if he decides later that he doesn't wanna deal with her, at least he has to provide for her financially.

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