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    Boodles's Avatar
    Boodles Posts: 2, Reputation: 0
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    #1

    May 23, 2012, 02:06 PM
    What can I do in my situation ?
    Quote Originally Posted by califdadof3 View Post
    I have nearly 10000 posts and most are in the family law section. My opinion has always been to stand by the law. You dont hide and you dont run away from it. It always comes back to bite you. As far as helping the OP. I did. You might call it a scare tactic but its what the law says. Even in your own posts you say delay. That in no way implies that it isnt going to happen anyway. Its just a delay.

    What really need to be understood is the rights of all parties involved. Not how to gain the system to force a given outcome. If a man is a danger (and you can check my posts) I have gone so far as to recomend shooting them (self defense). No that is no joke. There are orders of protection to keep children and adults out of harms way. The law can only do so much. But keep in mind that if the father or mother of a child wishs to use the courts in a proactive way then they most likely arent going to be denied. At the same time if a parent wants to abuse the courts it can go very badly.

    As far as the courts are concerned an axe murduring child molester can still ask to have rights enforced. And the courts have the authority to take those rights away but until such time they may proceed through the courts. It is up to the other side to mount a defense to the contrary. The law will stand with them when the points are valid ones and discard those that are invalid.
    Just another question as I was impressed with your last response, honestly what do you think my chances are stopping this man from having a court order granted? I am already under the protection of the domestic abuse agency and have several things in place for my protection and my unborn baby's protection as they are fully aware of his history. If I am honest I am completely petrified that he will have access to my baby's life and ruin that like he has his other children because of his violent and abusive behaviour. As a mother I am being protective and I will do whatever it takes to do this. I just don't know if the law will be on my side.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    May 23, 2012, 02:20 PM
    This post has been moved to a thread of its own.



    If orders of protection are already in place and you have evidence of violent behavior then you have to mount a serious defense against the father of the child.

    No rights are actually in place until a birth occurs. So he can't do anything until after the child is born. When the child is born as soon as possible you file for sole custody of the child naming him as the father. A DNA test will be ordered. Nothing short of supervised visits by the system should be allowed but given his history (assuming you have evidence) then its possible they may not allow anything at all as well as ask for child support at the same time. If given sole custody then ask to have the restraining order to include your child. You will have to work with the system and see how it goes as the rights of the child are primary in a courtroom.

    Having sole custody (physical and legal) doesn't prevent any future actions from taking place. The only way would be if later you met someone and married (for at least a years time) and they choose to adopt your child. (step parent adoption) then and only then would the bio father be stripped of rights. He will still have to be informed of the action and have a right to object. But if his participation is low and his record is bleak they may remove his rights anyway and grant the adoption.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #3

    May 23, 2012, 04:42 PM
    Got to spread the rep, but your response was spot on, Dad.

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