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Do I automatically have custody rights to my unborn child since I am not married and paternity has not been established? Does the alleged father have legal rights to force prenatal paternity testing? Does agreeing to paternity testing automatically give him custody rights if it is determined that he is the father?
Im not sure how the law goes where you live. I dont see why a father would not be allowed custodial rights to his own child unless he is some sort of danger to the child. Ive been told that the father does not have the right ask for custody of the child if he is not married to the mother. I dont know wether or not this is true. I think you should contact a lawyer and speak with them on this matter. If you dont have the money then ask about legal aide. As far as parternity testing Ill let someone else tell us about that one. I didnt even know they could test for paternity before a child was born. Go figure.
Hey thanks for your response. I had a CVS test done (similar to amnio) when I was 12 weeks. This is a risky, and costly procedure. I got pregnant somewhere between the break up with the alleged father and getting back together with my ex. This all was in a weeks time. I was not certain either way who the father was. I used the pull out method with my ex and a condom with the alleged father. There was no moment of oops. So in our uncertainty I let both parties know there was a possibility of them being the father. As to give closure and clarity to the situation, we all decided on the prenatal tesing. My ex showed and the other party did not. He knew where he was supposed to be, how much money he owed etc.. and never showed, never called, and I could not reach him. I had to pay his portion instead of my rent which has caused a horrible domino effect with my bills. It was determined that my ex was not the father. I wrote the alleged father after tracking down his address even though I was angry and let him know he was the father. Now a month and a half later he wants to reopen my case and do the test again. (his part) He is going to pay to have this test done instead of paying the money he owes me for the firsat test he didn't show for. He can only do this if I sign consent forms. If he had been where he was supposed to be the first time we would already know all this for sure. I am livid right now and want to wait til after the baby is born so I have more time to think about if or how I want somebody that is not dependable to be in my child's life. My main concern is my child being let down constantly in the future. Therefore I want to know my legal rights. I have to make a decision quickly about the testing because my samples will be thrown out soon. He had his chance and was a no show and screwed me up completely financially, not to mention I have no health insurance. There, I hope I have sufficiently clarified.
Since you are unmarried, when your baby is born, ONLY your name will be put on the birth certificate. If the father wants to have his name on, he needs a paternity test and a certificate of something (name eludes me) thro the courts.
Does he have automatic rights? No.
At first, you will have 100% rights.
Father must take you to court, have the court order a paternity test to be done, then after it proves he is the dad, he must tell the judge why he should have some sort of custody over the child.
Unless he is really bad, dangerous or something, he probably will be granted some form of custody.
Now, as for him bailing on you, why did you pay his portion, why not just leave? But assuming you had to, you can take him to small claims court to recoup the money he still owes you. Bring your ex bf (now your current bf) to testify to your story (assuming he was present when the father made these comments to you).
I've already told the father he was the father. I even set up the testing for him find out for sure. He was a no show! And left me to pay his $500 portion of the testing. Even after I heard nothing for a month I wrote him a letter to let him know he was the father. I am a Christian and moral person. I have done nothing wrong here. I just wanted to know If I could wait to go through all this crap again until after the baby is born in May. I gave him his chance. I have asked nothing from him except for what he promised. To show up and pay 1/3 of the cost. He did neither and disappeared.
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