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What rights does my childs father have... He did not participate in my pregnancy

This is a discussion on What rights does my childs father have... He did not participate in my pregnancy within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; The father of my child did not participate in my pregnancy. I did not give my child the fathers last ...

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Old Mar 19th, 2012, 01:03 AM   #1
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Exclamation What rights does my childs father have... He did not participate in my pregnancy

The father of my child did not participate in my pregnancy. I did not give my child the fathers last name nor did i put the father on the birth certificate. Since having my child he wants to be apart of his life and has threatened to take me to court and get split custody. I was wondering what rights he has as far as custody and being able to take him.
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Old Mar 19th, 2012, 01:14 AM   #2
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Default re: What rights does my childs father have... He did not participate in my pregnancy

Assuming you are not married (to him or anyone else) he will need to get paternity established (the child's name is irrelevant altho he can ask the judge to have it changed). Once he establishes paternity he will need to petition the court for custody/visitation. Provided you two live within a reasonable distance and he's not a registered sex offender, he'll likely get 50/50 if he asks for it.

You may also petition the court at any time for child support. Once again paternity would first have to be established.

Be prepared to learn how to co-parent.
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Old Mar 19th, 2012, 01:17 AM   #3
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Default re: What rights does my childs father have... He did not participate in my pregnancy

I wish to inform you that if parents of child are not married then father cannot have any right unless paternity is proved. Father will first have to prove paternity. After paternity is proved then father can claim child custody or visitation rights. Court will further consider best interest of child as main consideration. You may argue that best interest will be affected with father and his past negligent acts may be shown to court.

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Old Mar 19th, 2012, 05:15 AM   #4
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Default Re: What rights does my childs father have... He did not participate in my pregnancy

As the father of the child he have the right to be part of the child’s life. If he prove the paternity court will consider his petition for joint custody and if find that he is a fit parent to take care of the child court will order for a joint custody.
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Old Mar 19th, 2012, 05:38 AM   #5
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Default Re: What rights does my childs father have... He did not participate in my pregnancy

Quote:
Originally Posted by floridagirl92 View Post
The father of my child did not participate in my pregnancy. I did not give my child the fathers last name nor did i put the father on the birth certificate. Since having my child he wants to be apart of his life and has threatened to take me to court and get split custody. I was wondering what rights he has as far as custody and being able to take him.

The father did participate in the pregnancy. He contributed the sperm which is how and why you got pregnant. This is not meant to be facetious, but both of you are parents of the child.

Be thankful the father is willing to live up to his obligations and wants to co parent the child for many do not. As to split custody, that is the ideal situation, both parents cooperating in the decision on how the child is to be raised. Residency is another thing, entirely. Only Solomon was willing to split a child in half when two women claimed to be mother of the child. An infant and young child needs consistency, stability and a high degree of nurturing which favor residency with the mother, not to have its time split half in one home, half in another and/or under the care of strangers in a nursery setting. So regardless of the custody decision, primary residency would most likely be with the mother and the father granted visitation.

As to pregnancy costs, medical bills, with paternity established as it must be done in court since you two were not married, (DNA testing), this is something you could petition the court for.

The child has two parents, a mother and father, and you will have to accept this fact and acknowledge, invite if you can, the father to be involved in your son's life. Regardless of the relationship between the two of you, your child will fare best with both a mom and a dad.
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Old Mar 19th, 2012, 08:41 AM   #6
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Default Re: What rights does my childs father have... He did not participate in my pregnancy

Right now he is a "legal stranger" to child. Until he signs birth documents or establishes paternity through courts he has no rights at all! If he pursues a paternity case be prepared (as stated) to "co parent" this child. You two are forever bonded through this child and its in child's best interest you two get along. Below is an article on co parenting I found that might offer help

Co-Parenting Advice For Your Children | Parenting Advice & Community at Parent Nook
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