Ask Me Help Desk - What rights will he have?

hiya, am in a sticky sitution,
I have a 3 month old baby girl wiv ma ex, now am wiv ma new patner and we just got engaged, ma ex never really got involved during the end of ma pregnancy as we had slipt up, but always promised to buy this and that for her but never botherd, so I had to get every thing myself on my imcome support. He wasn't at the birth as I didn't want him there and my sister was there, but when I was in labour I phned him to come up, he came up wiv his patner and left after 5 minutes. After she was born he only saw her a few times as he was busy looking after his patner kids, but when I got with my patner he wanted to b involved since then he's let her down a lot meant to be taking her but not bothering and I know this is just the start of it, he takes her for a few weeks then basically gets bored or too busy with other peoples kids,
av given him chance after chance and fed up of it. I don't want him in her life, we're both going to see a laywer, I want to no what rights he has as his name is not on birth certifate, I also want to put ma patners name on it as her father as he's a better father to her than her own boiogical one, what rights will he have than apart from dna

please let me know x x x

This is a very hard thing. I am going through it right now as we speak. My ex husband has not been in my children's life for many years. He never calls them on their birthdays, doesn't even send them a card. My fiancé has been in their life for 4 in half years. My daughter was only 2 at that time so she calls him dad now. That's all she knows. Well, my exhusband has moved in with his parents and they are making him take me to court to get some kind of visitation. I told the judge that he has not been in their life for many years, doesn't call, owes me over $32,000 in back child support. Do you know the justice system let him have visitation? So I let him see the kids. His mom is not allowed to have unsupervised contact with my kids, and he let them stay with her. So I stopped them from going to him. A year later (just on April 9th, 2009) I had to go to court because the grandparents want visitation. I told the judge the creepy disgusting things she has shown and told my children and that she is not allowed to be unsupervised with them. Do you again, believe the justice system said that there is a problem with trust and that the grandparents (which are really the greatgrandparents) are allowed to see the kids every other Sunday from 1-7pm. I am a loving mother that has worked my fingers too the bone for my kids. I am to protect them, and this justice systems does not give a crap at all. They say they want to do what is in the best interest of the children. In reality, they do what they want. Not for the kids. I would love nothing more than their biological father to sign his rights over. My fiancé is their Dad. He is there for my kids every single day. He is there for their birthday, holidays, helps them with homework, picks them up when they hurt themselves. Is involved with school activities. Their real dad isn't. Basically what I am trying to say to you, is no matter what, the court will give your ex a chance. Unless you have good enough proof he is unfit. The courts didn't care what I said about him not being there for my kids at anytime. For not paying child support for several years. He even kicked me and my kids out so he could have his girlfriend there whom he was cheating on me with at the time. I hope where you live, the justice system really cares about your child. I hope you don't live in Chester County PA. LOL. Because they are the worst court system ever. Good luck with everything. I hope you win and keep that deadbeat out of you and your child's life. It's sad how things go.

Quote:

Originally Posted by sunflower412

hope you win and keep that deadbeat out of you and your child's life. It's sad how things go.

This is a legal forum. If your response does not contain an answer to the legal question presented, please don't reply just to commiserate or vent.

Nikki,

First, if you put your current partners name on the birth certificate knowing he was not the father, you could get in trouble for falsifying a legal document. If you can correct that error now I would advise doing it. It would be better to leave it as unknown then put false information.

Second, if the father is not on the birth certificate, he has no rights until he tries to exercise them. But, if you want to file for child support or public assistance, you will need to identify the father.

It's a good idea that you are consulting an attorney. If he talks to one and mounts a legal challenge you will need one.

P.S. there is no such word as wiv and its my not ma. We don't use chatspeak here. The better you write the easier it will be to understand you and provide help.