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-   -   Is there any way to get my unborn baby's father's rights taken away? (https://www.askmehelpdesk.com/showthread.php?t=116314)

  • Aug 3, 2007, 07:28 PM
    TiffanyB0226
    Is there any way to get my unborn baby's father's rights taken away?
    I was in a relationship with a guy for a mere 5 months. Towards the end of the 5 months, I saw things I would consider child abuse. He would smack his 3 year old niece for not calling him "sir." One day he was actually bragging about hitting his 4 year old cousin (when he was about 19 years old) so hard with a belt, that it broke the belt. Right before I broke up with him, we found out I was pregnant. He says he wants to "help" with the baby, but I want to know if there is any way I can get his rights taken away from him before the baby is even born. I don't even want to give him a chance to harm my baby in any way. The way I see it, if he is doing this to kids that aren't his, what is he going to do with his own?
  • Aug 3, 2007, 07:51 PM
    GlindaofOz
    You probably have to wait since there is no way to prove paternity until the baby is actually born.

    There is a sticky note on the board about parents signing over their rights. Remember that signing over rights does not make him off the hook for child support
  • Aug 3, 2007, 07:53 PM
    GlindaofOz
    https://www.askmehelpdesk.com/family...st-116098.html

    Here is the link (click on the blue words)
  • Aug 5, 2007, 02:51 AM
    tawnynkids
    Until there is proof he is the father he has no rights period. The way in which to obtain this proof is:
    -if you both sign an Affidavit of Paternity
    -if there is a DNA test done
    -and to a small degree, putting his name on the birth certificate
    -if you are married when the child is born

    I am going to give harsh advice here. I say do not do any of the above, without it he has no rights. That won't stop him from filing with the court to establish his paternity but it will keep him from having any legal rights until then. Meaning, he has no right to see the child, make any decisions about the child, you can move where ever you want... it means ONLY YOU have custody. But it also means you can not collect child support. If you file for child support they will establish paternity and he will then have legal rights to your child. From personal experience I can say sometimes foregoing child support is worth it to keep a dangerous person out of a child's life.

    And know that if you do establish his paternity in hopes of getting child support and thinking that then you will have his rights terminated and child support continuing... well he will continue to be ordered to child support but having his rights terminated will be almost impossible. Be careful of any advice to voluntarily establish his paternity from anyone. I recommend a quick amnesia on your part as to who the possible dad is, move away where he can't find you, DO NOT put his name on the birth certificate and just be the best mom you can and you and that child live a happy, healthy life.

    I would also call CPS (Child Protective Services) and report his abuse of his niece and cousin. The call, by law, will be anonymous, so you don't need to give to give your name. He is a pig!
  • Aug 5, 2007, 03:03 AM
    MsCrabtree
    Quote:

    Originally Posted by TiffanyB0226
    I was in a relationship with a guy for a mere 5 months. Towards the end of the 5 months, I saw things I would consider child abuse. He would smack his 3 year old niece for not calling him "sir." One day he was actually bragging about hitting his 4 year old cousin (when he was about 19 years old) so hard with a belt, that it broke the belt. Right before I broke up with him, we found out I was pregnant. He says he wants to "help" with the baby, but I want to know if there is any way I can get his rights taken away from him before the baby is even born. I don't even want to give him a chance to harm my baby in any way. The way I see it, if he is doing this to kids that arent his, what is he going to do with his own?

    If you have witnessed child abuse and not reported it, that may be held against you in this case. If you are in fear of your safety, you may file a restraining order. Check with your local Superior court on how to do so. A judge will hear your case, with him present. You may also seek supervised visitation for him. You may also ask the court to require he participate in child parenting, or anger management classes. A child needs the support of both positive parents. Good luck.
  • Aug 5, 2007, 05:03 AM
    tawnynkids
    I won't give a reddie but I have to disagree MsCrabtree and here is why:

    She will not get a restraining order because of something, as far as the court is concerned, she said he said. Because you know he is going to go in there and say "she is full of it! I never said that! She is pregnant with my child and is just saying things against me to try and keep me from my child!" Of course, I can't say for every state, but in mine at least they will not give a restraining order because you are afraid of someone. They have to have actually done something before a court will order that, and you have to prove it.

    Without proof he has committed some act of abuse, (which is always incredibly difficult to prove and almost impossible if it isn't even her child) but rather as he is going to put it something she "claims" he said he has done, she will not get him ordered to supervised visitation either. You need more than allegations and "I am afraid he might do something" to get a parent ordered to supervised visitation. Again, that's here at least.

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