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-   -   Unmarried Parent active in Childs life (http://www.worldlawdirect.com/forum/child-custody-support/58467-unmarried-parent-active-childs-life.html)

DonBeezy Jan 1st, 2012 09:49 PM

Unmarried Parent active in Childs life
 
So im a single father of a beautiful little girl. I had attempted to marry her mother, however she felt she didnt want to be married. So after a rocky relationship I went my way she went hers. I later get served with papers for child support, and find that the mom has automatic rights to the kid. Now the problem with this is I have been taking care of my daughter from day one. Now im paying child support. Also I recieve no help and struggle to provide for my kid. But since she has "guardianship" (not set by courts) I cant recieve no help. In a nutshell i feel like im being treated like a dead beat dad, when i have been in my kids life since she was born, and her mother decided not to be with me. What rights or assistance can I get???
Why am i being treated like i walked out and dont provide for my kid. Is there any resources or support for dads who are wctive in their childs life? Do I have any rights to my child, even though ive provided half her care. Her mother gets her one day more than I do? Any thoughts?

AFFA Jan 1st, 2012 10:57 PM

Re: Unmarried Parent active in Childs life
 
I wish to inform you that child is related to the mother if parents are not married. In this regard a father can have his rights after proving paternity. You can have court ordered paternity test and establish paternity and after this you can have rights of father. If mother disagrees regarding custody then you can have custody from court. Court considers best interest of child as main consideration. You may claim that custody must be given to you as mother has not taken care of child and only you were taking child after child was born.

AFF

Unregistered Jan 1st, 2012 11:41 PM

Re: Unmarried Parent active in Childs life
 
Paying Child support and being on the Birth Certificate, is it proof enough for paternity. So if the two mentioned proves Paternity, I have rights to my kid? Her mother constantly throws in my face how she is the custodial parent and that she makes all the decisions when it comes to our daughter. So i have rights once the Paternity is proven? And if I do what are those rights and where do I find them?

goddessoflubboc Jan 2nd, 2012 03:20 AM

Re: Unmarried Parent active in Childs life
 
The mother has sole custody (when unmarried) to the child until you get court-ordered visitation. Have you gotten an order for this yet? If not you need to petition the courts.

If so and you are unhappy with the outcome you can certainly appeal.

Here it sounds you are more upset at having to pay child support however.

Lexus Jan 2nd, 2012 05:15 AM

Re: Unmarried Parent active in Childs life
 
You can file for visitation rights, before that you have to prove paternity. If you are so much concerned about your child don’t hesitate to give child support, because it for your daughter.

Friend In Court Jan 2nd, 2012 05:47 AM

Re: Unmarried Parent active in Childs life
 
Quote:

Originally Posted by DonBeezy (Post 242031)
So im a single father of a beautiful little girl. I had attempted to marry her mother, however she felt she didnt want to be married. So after a rocky relationship I went my way she went hers. I later get served with papers for child support, and find that the mom has automatic rights to the kid. Now the problem with this is I have been taking care of my daughter from day one. Now im paying child support. Also I recieve no help and struggle to provide for my kid. But since she has "guardianship" (not set by courts) I cant recieve no help. In a nutshell i feel like im being treated like a dead beat dad, when i have been in my kids life since she was born, and her mother decided not to be with me. What rights or assistance can I get???
Why am i being treated like i walked out and dont provide for my kid. Is there any resources or support for dads who are wctive in their childs life? Do I have any rights to my child, even though ive provided half her care. Her mother gets her one day more than I do? Any thoughts?

You should have been supporting your child since before she was born. Medical costs, infant expenses, etc. I do not understand how the mother has "guardianship" but not set by the courts.

You need to have a custody/visitation order clarifying your rights as to time with the child, which parent has residency, sole or partial. Get it set down in black and white with a judge's signature so you have an enforceable order.

As an unmarried father, you will have to establish paternity for which a DNA test may be ordered by the court. If you are sharing parenting, joint custody and residency may be petitioned for and awarded, if the court believes that in the child's best interests. This type of arrangement may work -- at least until the child is of school age and then modified if the parents' residences are too distant.

The mother's rights to the child are very easy to establish. The child is an issue out of her womb and hospital records back up the fact the child was born to her. You need to go to court and get your rights established as to custody, visitation and support revisited if you believe the amounts unfair.

Unregistered Jan 2nd, 2012 01:13 PM

Re: Unmarried Parent active in Childs life
 
To answer "Friend In Court's" question regarding the mother's "guardianship" not "set by the courts"; in the U.S., all unmarried mothers have default sole legal custody of any children born to them without benefit of marriage. The court need not "set" custody. She already has it. It's recognized legally without a court issuing such an order.

Secondly, the OP need only to petition for custody of the child. Joint Custody would be the proper petition to plea.


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