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    Alka22's Avatar
    Alka22 Posts: 6, Reputation: 1
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    #1

    Jun 10, 2012, 06:03 AM
    Rights of a father name not birth certificate
    Hi I am furious! My little brother got an unfit mother pregnant. I would love to call CSB on her, but my parents are afraid she will not them see my nephew for fear more bad things will happen to him.still my brother no longer wants to date her she is dating a gang member and smokes weed, that one of there fears.here are some example:she takes nephew over the babysitter house with clothes a 5 year would wear,clothes do big he can't play because the are so big, he hs come over there many of times with mis match/dirty socks,her new boyfriend has dropped the kids off smelling like weed,My parents last year had to consistent take him to the emergency room,because they would pick him up,his nose would be running really bad and would be breathing out of his mouth vs his nose,my sister just found him yesterday playing on a neighbors porch with his 5 year old brother with no shirt or shoes on and a dirt diaper and mother was in the house with the door closed.its ridiculous,she clearly does not want the child,but she doesn't want us to have him.can someone please HELP us Out!my brother name is not on the birth certificate, but he is the father has done the paternity test,what legal rights does he have to get custudy.
    Thank you
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 10, 2012, 06:14 AM
    He has the right to petition the Court for custody. It is your brother's argument, not yours, and he would have to prove the mother is unfit.

    You believe the child is being neglected, perhaps abused, and you are "afraid" to call CSB? Someone has to protect this child.

    If you ARE correct and CSB steps in they can place the child with a relative - and that could be your parents.

    Was the mother like this when she was sleeping with your brother or has she changed since the child was born?
    Alka22's Avatar
    Alka22 Posts: 6, Reputation: 1
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    #3

    Jun 10, 2012, 07:04 AM
    Iam new to this site,it feels good to share with someone about what's been going on and get a response.I think I know she was physically abusive toward my brother, that's one reason he didn't want to be bothered with her anymore.she lie so much,the babysitter is a friend of the family,she runs a daycare so my nephew and my niece goes over there 2x a week, the sitter is getting fed up with her dropping the kids off late (3:30 vs2:30).
    My mom called me late last night, to tell me my nephew toe nail looks like it maybe coming off, I know that these kids have not been to the doctor for anything, every time my parents ask, she has an excuse.I know my parents have documents taken my nephrew to the emergency room. And yesterday, said the baby's crib is up by the air conditioner. The mother just started going to jail every other weekend (thur-tues)we don't know what she did.so my parents have them then, my brother(25 yrs old lives with them).I really want to make sure I have enough proof or I don't even know what to say to CBS, I want to remain anonymous,but I am pretty sure she will know its us.her 5 year (from previous relationship--can't even talk clearly and has been kicked out of every school he his been in, so he don't go to school.I have heard that my niece has odor in her private area and she cries when she poops, she is will be 1 in aug. ism so upset with my brother pregnant twice!
    Thanks for listening!

    Quote Originally Posted by JudyKayTee View Post
    He has the right to petition the Court for custody. It is your brother's argument, not yours, and he would have to prove the mother is unfit.

    You believe the child is being neglected, perhaps abused, and you are "afraid" to call CSB? Someone has to protect this child.

    If you ARE correct and CSB steps in they can place the child with a relative - and that could be your parents.

    Was the mother like this when she was sleeping with your brother or has she changed since the child was born?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 10, 2012, 08:11 AM
    First, your anger should be directed, at least partially, at your brother. As you said he "got" her pregnant. I suspect she is an easy lay which is why your brother had sex with her. Now your brother needs to stand up to his responsibilities.

    You said a DNA test was done, by whom? Unless it was court ordered, it means little. Also his name not being on the birth certificate means little if a court has declared him the legal father.

    So he needs to do what Judy said. He needs to go court and request primary custody of his child. He needs to produce proof that she is not giving the child proper care and may be putting the child in harm's way. A CSB investigation may help with this.

    It would be advisable that he consult an attorney.
    Alka22's Avatar
    Alka22 Posts: 6, Reputation: 1
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    #5

    Jun 10, 2012, 08:54 AM
    [Omg,believe me my brother has heard us venting and the blame for this craziness his son is going through even though his has a daughter by him,the boy is the mostly getting bad end of it. It was court ordered, he has copies of paternity test papers, proving he is the father, I thought he had no rights since his name is not on the birth certicate... he would like to take him/her to doctors (he always sick).what type of proof? All they have is documents from the emergency room, and what the daycare lady has seen(what the kids look like when she drops them off).my sister has found them a couple of times outside with no supervision when has come to pick them up.(so how can that be shown as proof in court).I think when he does file,she will not let any of my family members see them, this is the only way to monitor how the kids are doing.
    Thank you for all advice, we need it.
    Quote Originally Posted by ScottGem View Post
    First, your anger should be directed, at least partially, at your brother. As you said he "got" her pregnant. I suspect she is an easy lay which is why your brother had sex with her. Now your brother needs to stand up to his responsibilities.

    You said a DNA test was done, by whom? Unless it was court ordered, it means little. Also his name not being on the birth certificate means little if a court has declared him the legal father.

    So he needs to do what Judy said. He needs to go court and request primary custody of his child. He needs to produce proof that she is not giving the child proper care and may be putting the child in harm's way. A CSB investigation may help with this.

    it would be advisable that he consult an attorney.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jun 10, 2012, 09:20 AM
    OK, What court action ordered the test? The court should have declared him the legal father. He can petition the court to add his name to the birth certificate, but whatever action the court took, should be proof enough that he is the legal father. The question here is whether the court ordered custody, visitation, child support or what? But whatever it ordered, that indicates he is the legal father. So he can take the child to the doctor and if the doctor's office questions anything, then he shows them the court orders.

    That's why he needs an attorney, to explain what proof you need to assemble. He should keep a journal of each incident. Example:

    <insert date> Sister came to pick up children for visit. Children were found outside in the front yard with no visible adult supervision.

    Doctor's testimony, testimony of daycare worker. All can help.

    As to not letting any family members see the children. If he has visitation rights she cannot keep the children from him. However, he would be the only one with visitation rights.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jun 10, 2012, 09:22 AM
    You brother is not stepping up to his job, he needs to be though family court, get custody or partial custody, and start taking care of his child. Next why would she care if he called her up and asked to do things for his son.

    Sorry, he has to "man up" and start doing things.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jun 10, 2012, 09:26 AM
    IF the DNA was Court ordered (and approved) and he is the father the name on the birth certificate does not matter.

    Again - if the child is abused or neglected SOMEONE has to step in and report it. Proof or no proof, let Child Protective Services make the decision.
    Alka22's Avatar
    Alka22 Posts: 6, Reputation: 1
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    #9

    Jun 10, 2012, 12:55 PM
    I know he went to get DNa test done,at the child support agency and the paperwork was mailed to him saying he was indeed the father.and that's when he was ordered to start paying child support.and the reason, he did sign the birth certicate at the time the child's birth,he wanted to make sure it was his.its nice to know that he will be able to take him to doctor without her, or having her find the kids Medicaid cards,or just when he feels his kids are sick.yep, trying to guide this 25 year who has basically ruined his life with these kids at a young age and with unstable baby mama.I wish they had taken pictures when he had bed bug bites all over him and she never took him to doctor,my parents end up taking him.
    And no the court never setup visitation or anything like that.
    Thanks!
    Quote Originally Posted by ScottGem View Post
    OK, What court action ordered the test? The court should have declared him the legal father. He can petition the court to add his name to the birth certificate, but whatever action the court took, should be proof enough that he is the legal father. The question here is whether the court ordered custody, visitation, child support or what? But whatever it ordered, that indicates he is the legal father. So he can take the child to the doctor and if the doctor's office questions anything, then he shows them the court orders.

    That's why he needs an attorney, to explain what proof you need to assemble. He should keep a journal of each incident. Example:

    <insert date> Sister came to pick up children for visit. Children were found outside in the front yard with no visible adult supervision.

    Doctor's testimony, testimony of daycare worker. All can help.

    As to not letting any family members see the children. If he has visitation rights she cannot keep the children from him. However, he would be the only one with visitation rights.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jun 10, 2012, 01:06 PM
    So he NEEDS to go to court to establish custody, visitation etc. Seems all that has happened is through the child support agency, not the courts. Where is this by the way (ANY question on law needs to include your general locale as laws vary by area. )
    Alka22's Avatar
    Alka22 Posts: 6, Reputation: 1
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    #11

    Jun 10, 2012, 01:32 PM
    I agree! We have told him this,he is as lost as I am, and I am 40 years and is 25 yrs old, that's one of reasons I am looking for advice to try to start the process to help protect these children, we don't see physical abuse more less emotional and physical neglect,I agree, he was also unsure to do something since his name was not on the birth certicate and what rights he has.

    Quote Originally Posted by Fr_Chuck View Post
    You brother is not stepping up to his job, he needs to be though family court, get custody or partial custody, and start taking care of his child. Next why would she care if he called her up and asked to do things for his son.

    Sorry, he has to "man up" and start doing things.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Jun 10, 2012, 02:22 PM
    Good luck and keep us posted.

    By the way. When you use the Reply option to quote the post you are responding to, Make sure you start typing BEFORE or after the brackets ([]). That last two times you started after the first bracket messing up the quoting. I fixed them for you.
    Alka22's Avatar
    Alka22 Posts: 6, Reputation: 1
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    #13

    Jun 10, 2012, 03:38 PM
    Thank you for advice/suggestions and letting the correct way to answer reply.hope I did it right this time, will keep you posted.
    Quote Originally Posted by ScottGem View Post
    Good luck and keep us posted.

    By the way. When you use the Reply option to quote the post you are responding to, Make sure you start typing BEFORE or after the brackets ([]). That last two times you started after the first bracket messing up the quoting. I fixed them for you.

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