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    RayleighsMom's Avatar
    RayleighsMom Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 27, 2009, 06:40 PM
    Baby daddy drama.
    Let's start with, my baby girl is only 2 months old. Well her father has not been in the picture since I was 3 months pregnant and now all of a sudden he wants to be in the picture. He is not on her birth certificate, and he missed her birth! Another problem is, I live in Texas and he lives in Florida and he's saying he can get her for 2 weeks in the summer and every other major holiday regardless of what I say.. and he doesn't have a job so I don't know why he thinks he can have rights.
    I need help on what to do about this?
    Can he get those rights?
    Can my daughter leave the state of Texas without my permission?
    I'm a new mother and totally confused with custody rights.
    HELP!
    Pokerface5's Avatar
    Pokerface5 Posts: 85, Reputation: 1
    Junior Member
     
    #2

    Apr 27, 2009, 06:48 PM

    Well I'm only sixteen years old but my mother is a social worker and listening to her I can almost recite all of the custody laws. First let me answer your questions. To be quite honest he can get thoes rights if he decides to take you to court. He could ask to get primary custody or joint custody. You already said he doesn't have a job and that's one mark against him. You said he isn't on the child's birth certificate so that's another strike against him. Also he hasn't shown any interest till recently and that's three strikes. These custody arrangement are based on who is the best parent for the child. Also he CANNOT take the child out of the states without your permission. This is called kidnapping. Since he doesn't have custody at all and he isn't on the birth certificate he technically isn't the "parent" he may be the blood parent but if takes her without your permission you can pres charges send out a search team and get a warrant against him. I hope this helps. Good luck!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Apr 27, 2009, 07:05 PM
    Pokerface is only partially correct.

    The reason he thinks he can have rights is because the law gives him those rights because he contributed his sperm to the birth of the child.

    Now Poker was right that he has to go to court to obtain those rights. And unless there is some reason he is unfit, the courts will most likely grant him rights.

    A paternity test will need to be done, since he's not on the Birth certificate. But if it comes back positive, he will be declared the legal father. He can then get joint custody (though you will get primary physical custody) and visitation but he will have to pay child support.

    The visitation he gets will depend on how much he can show he can take care of her. Its unlikely that he can get overnight visits until she is a few years older, so it may be difficult for him to exercise visitation if he remains in FL.

    Wile he can't take your child out of the state without your permission when he gets visitation that will be the permission.

    If he does take you to court he will have to do it in TX since that's where the child lives.

    Having no job will be a strike against him for getting visitation. But not being on the because and not being a part of her life until now, will NOT have that large an affect, if any.

    P.S. I moved you rpost and Pokerface's response from the Children's forum since this is a Family Law issue. So further responses need to be legally accurate.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
    Expert
     
    #4

    Apr 27, 2009, 08:13 PM

    This is issues for the court, the father will have to prove he is now with a DNA test. And they will have to make a motion in court for visit rights. They are likely to get them, they may be required to do a parenting class, but 2 or 3 weeks in the summer and every other major holiday is not out of line at all, in fact that is very little to what many get.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #5

    Apr 28, 2009, 03:07 PM
    Quote Originally Posted by Pokerface5 View Post
    Well im only sixteen years old but my mother is a social worker and listening to her i can almost recite all of the custody laws. First let me answer your questions. To be quite honest he can get thoes rights if he decides to take you to court. He could ask to get primary custody or joint custody. You already said he doesnt have a job and thats one mark against him. You said he isn't on the childs birth certificate so thats another strike against him. Also he hasn't shown any intrest till recently and thats three strikes. These custody arrangement are based on who is the best parent for the child. Also he CANNOT take the child out of the states without your permission. This is called kidnapping. Since he doesn't have custody at all and he isn't on the birth certificate he technically isnt the "parent" he may be the blood parent but if takes her without your permission you can pres charges send out a search team and get a warrent against him. I hope this helps. Good luck!

    In my State - and I assume you are in Texas which is what OP is asking - having a job does NOT affect custody (I respectfully disagree with Scottgem - lots of people are out of work right now and the reason he's not working is important); being listed on the birth certificate does NOT affect custody (although this depends on the age of the child); showing or not showing any "intrest" does NOT affect custody. The Court looks at all of the circumstances and determines what arrangement is in the best interest of the child.
    Enigma88's Avatar
    Enigma88 Posts: 13, Reputation: -1
    New Member
     
    #6

    Apr 28, 2009, 03:28 PM
    The other two users are right. If he really wants any rights at all he will have to go to court where you live. I have been through this with my step son and step daughter. And it is because your daughter lives with you so unless he wants to travel to take you to court than you really have nothing to worry about.

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