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shyy01234
Mar 4, 2014, 12:12 AM
I have been unclear of the paternity of my daughter. He claims to have done a DNA test during a visit. I have been keeping him away from her because he has told me more than once that he would take her to live with him. He now sends me threatening texts saying he will bring his family to my house if i dont agree or give in. I have been more than cooperative with him in letting him see her and her spending time. but he has been giving me trouble not bringing her back on time or threatening to keep her. Now its gotten to the point where he is forcing me to allow her to live with him. what can i do?? what are my rights???? I am afraid of losing my baby because he keeps saying he will take full custody but he smokes and drinks and drives im so scared he has drugs just everywhere on the coffee tables of his home where she plays what can i do??? whenever she comes home her clothing and her bag and her smells like weed. her eyes are always puffy and swollen as if they smoke right in front of her. in my househole there is no drugs not even cigarette smoke.

J_9
Mar 4, 2014, 12:25 AM
If you are unclear about paternity, get a court ordered paternity test. Until then you are the mother and he has no rights to your child.

Fr_Chuck
Mar 4, 2014, 05:33 AM
He can not force you, if he brings people to your home, don't let them in and call the police if they will not leave.

Why are you even talking to him, refuse to talk.

He will take the child, if you keep letting him have the child.

No "home DNA" test is valid. But he needs do a test thought the court, just tell him, no, that if he wants to see the child, he can get a court ordered visits though the court

ScottGem
Mar 4, 2014, 05:48 AM
Fathers make such threats all the time. They are generally meaningless. But you need to stop being scared and take action. What action to take depends on information you did not give us.

First, any question on law needs to include your general locale as laws vary by area. Second, did you both sign an Acknowledgement of Paternity naming him the father? Based on your statement about being unclear of paternity, I doubt it. Third, you need to go to court and establish custody as, at least, joint legal and primary physical custody. Or you can refuse him visitation and have him go to court to establish custody and visitation. Either way, to protect your rights, custody and visitation need to be established by a court. At the same time you need to get the court to order him to pay child support.

As part of the court process, DNA testing will be ordered by an approved lab to establish paternity. Unless he is listed on the birth certificate, signed a valid acknowledgement of paternity or been declared the legal father by a court, he has NO rights. You, on the other hand, have full rights until a court says otherwise.

The next time he returns her with her eyes puffy, go immediately to your doctor or a walk-in care facility. Have her examined so the doctor can testify as to her condition. This will help you limit his visitation if you are right about smoking around her.

So, I've given you lots of things you can and should do. The next move is yours.