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-   -   Winning rights (https://www.askmehelpdesk.com/showthread.php?t=81512)

  • Apr 11, 2007, 10:46 AM
    singlemom
    Winning rights
    I have a two month old son and when I first found out that I was pregnant I was no longer with the father he told me to get an abortion but I didn't I decided to continue on my own with my pregancy he would call me but to insult me he was mad that I didn't get an abortion. He wasn't there with I had the baby he is not on the birth certificate now that he is born he wants to come around and says he is going to take me to court Im scared because I don't want him to get any rights what are the chances of me winning?
  • Apr 14, 2007, 12:27 PM
    louie1
    Unless you can prove he is unfit then you will probably have to give him visitation rights
  • Apr 14, 2007, 12:49 PM
    1badchoice
    To gain rights he would have to take you to court. If he had money, decided to go this route it would come into court's awareness of how much visitation you have allowed, etc. My girlfriend went through this... man never to her to court. He has never been involved with the child/paid support. Child is now 12. It may not be fair but father's not married to the mother have to prove he is the father and take you to court to get rights. Just like the Anna Nicole Smith case. To protect your rights you could go to child support enforcement to have paternity established as well as support amount set. This would set up typical visitation. Don't worry... with an infant he is unlikely to get overnight visits (especially if your nursing the baby). I would suggest calling a family attorney (many offer free consultations). He would be best suited to advice you on state laws about your sitution. Good luck. Cathy
  • Apr 14, 2007, 04:08 PM
    Fr_Chuck
    He will have to take you to court, if he is not listed on the birth certificate and you don't just agree he is the father, he will also have to prove with DNA that he is the father, So if he has the money to take you to court, and he is not a drug addict, a felon or some real danger to the child, he will get visiitation rights. And of course you will get child support ( which you should have been getting from the first month.

    I would say that you need to get an attorney, since it is much better to got to court on your terms than having to address his filings.

    But it is very, very hard to stop any visititation at all, even some of the worst will still get supervised visits.
  • Apr 14, 2007, 04:13 PM
    Squiffy
    Let him have visits with the baby. So he freaked out and got scared when he found out you were having his child, if it wasn't planned it is hardly surprising he freaked out a bit. The point is he is trying to correct that mistake now and play a part in his child's life, surely that is what is most important here? What is best for that child? This man helped create your son, and he wants to be a dad, so let him be that.

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