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if theres no custody agreement does he have to see baby??

Posted by on Feb. 8, 2013 at 11:31 AM
  • 16 Replies

hes non stop calling saying he has rights to see daughter per DE  laws shes waiting on court order so he doesnt take baby and not give her back there relatoinship[ has been arguments everytime they see or talk to each other

by on Feb. 8, 2013 at 11:31 AM
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Replies (1-10):
victoriangavin
by on Feb. 8, 2013 at 11:34 AM
If he is not on the bc and no paternity test has been done then by law the baby has no father and if he tries to take the baby that's kidnapping. If one or both has been done and visitation has been court ordered then on his time she is by law required to
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LauraMH
by on Feb. 8, 2013 at 12:01 PM

Before I had a CO my attorney told me not to give him the kids. He was making threats to not give them back too. He would go to school and pick them up then tell me I couldn't have them back. He was on the bc and we were married for 3 years together for 9. As far as I know, you do not have to let the father see the kids but it could look bad in court, as if you are trying to keep the kids away from him. Just make sure all threats are documented and keep any e-mails, text and voice mails.

breebree04
by on Feb. 8, 2013 at 12:36 PM

If they have not been to court yet for custody/visitation then she does not have to let him take the baby, but once he takes her to court for visitation she has to follow the court order and let him take her when its his visitation time. If shes worried about him taking off with the baby then I wouldnt let him take her either until there is a court order because he does not have to return her once he has her until the court order is in place.

3grls1wildboy
by on Feb. 8, 2013 at 12:45 PM

theres nothing in place but he wants to file for 50 50 custody for a 10 week old whats the chances..he will get that

brieri
by on Feb. 8, 2013 at 5:55 PM

 This, don't know an answer.

dawncs
by on Feb. 8, 2013 at 6:56 PM

 He only wants 50/50 custody to reduce or eliminate child support to your daughter. However, you need to document like I have said in the past his involvement with the child to show he is only trying to get out of child support. Things can be proven with that. Given that he has alcohol problems, you might add into the custody agreement that he has to be sober to take your grandbaby. It is easy for them to fall off of the sobriety wagon if there are mental problems which are covered up by drinking alcohol. It is why AA gives them mentors to hopefully encourage them to stay sober.

 Quoting 3grls1wildboy:

theres nothing in place but he wants to file for 50 50 custody for a 10 week old whats the chances..he will get that

3grls1wildboy
by on Feb. 8, 2013 at 9:20 PM

 crazy thing is he wants 50 50 on custody order but only wants baby coupl hours a week he said thats the only reason he wants 50 50 bc of cs and he thinkks 50 50 means he can come get her whenever he wants and she is documenting everything ...


Quoting dawncs:

 He only wants 50/50 custody to reduce or eliminate child support to your daughter. However, you need to document like I have said in the past his involvement with the child to show he is only trying to get out of child support. Things can be proven with that. Given that he has alcohol problems, you might add into the custody agreement that he has to be sober to take your grandbaby. It is easy for them to fall off of the sobriety wagon if there are mental problems which are covered up by drinking alcohol. It is why AA gives them mentors to hopefully encourage them to stay sober.

 Quoting 3grls1wildboy:

theres nothing in place but he wants to file for 50 50 custody for a 10 week old whats the chances..he will get that


 

Robsessed98
by on Feb. 8, 2013 at 10:18 PM
That's what custody and visitation orders are for and why its so important to get it done asap after birth. That way everything is laid out exactly in black and white and there's no reason for problems.
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mytrueloveS
by on Feb. 8, 2013 at 11:33 PM
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Don't give the child until there's a court ordered schedule. He can visit the child at the mothers home
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theresa1966
by on Feb. 9, 2013 at 10:41 AM

I agree ....Don't give him any visitation rights until you go to court. All states are like this until he is proven he is the father by DNA. You don't need to give him anything.

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