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skaluv21 · Feb 8, 2011, 09:39 PM

I have a 5 month old and her fathers name is not on the birth certificate. I am afraid that if she is with him without my supervision that she will get seriously injured. I am also afraid that he will pick her up from daycare one day and just try to take her from me. Can he do this? And if he does what can I do to get her back from him?

AK lawyer · Feb 8, 2011, 11:02 PM

Originally Posted by skaluv21

I am afraid that if she is with him without my supervision that she will get seriously injured.

Do you have a reasonable basis for this fear, or is it simply the fear that most parents experience from time to time that something bad can happen to their children?

Originally Posted by skaluv21

... I am also afraid that he will pick her up from daycare one day and just try to take her from me. Can he do this? and if he does what can I do to get her back from him?

Perhaps. Perhaps not. If it is clear that he is in fact her father, you should get a child custody and support order which spells out your mutual rights with respect to this child.

ScottGem · Feb 9, 2011, 04:59 AM

A father has the same rights whether listed on the birth certificate or not. The only difference is that he needs to go to court to enforce those rights.

Until he does, you are within your rights to refuse visitation. You should also inform the day care that he can only be picked up by someone on a list you provide.

However, if he goes to court to enforce his rights, your refusal to allow visitation will work against you unless you can prove he is a danger to the child.

skaluv21 · Feb 9, 2011, 07:34 PM

Two weeks before the baby was born her dad bought a German Shepherd puppy. This dog is now nearly 100 pounds, but has not been through any kind of training, so it still jumps (a lot) and chews on hands. I have asked that the dog be outside or in a crate while the baby is around for now until the puppy is more mature (or trained). My babies father has not respected those wishes. Although he moved the puppy to his parents house, he has now moved in there. I have told him that he can see the baby whenever he wants as long as it is not in the same house the dog is in. I have told him that if he will sign something saying the dog will remain outside or caged when the baby is there he can see her at any time. He has also laid her in the middle of the living room floor and taken a nap on the couch while she is playing 3 times that I have witnessed. Daycare will not take him off the pickup list, they say they need a court order, I still want him in her life, so I will not go that far.

Fr_Chuck · Feb 9, 2011, 07:45 PM

If he goes to court he will get visit rights, and that will include taking the child to his home ( or parents home) and weekend visits.

So it is up to him to go to court and get those,
Having a dog at the home is not grounds in court to stop his visits,

ScottGem · Feb 10, 2011, 04:56 AM

If he is not on the birth certificate he is not the legal father and has no rights. So why does daycare refuse to remove him from the list? Ask them what justification they have since you are the ONLY legal parent and have FULL legal custody. Unless there is something you aren't' telling us.

I can understand your wanting to protect your child, but nothing you have said will prevent him from getting joint legal custody and visitation if he pursues it in court.

skaluv21 · Feb 10, 2011, 07:57 PM

I did bring up to daycare that I am the only legal parent, the only thing I can think of is that he is listed as her father on the daycare list. There was also one time that he had pushed me into a wall from behind while I was holding the baby and just for that day I asked them to call me if he picked her up but did not ask for his name to be taken off the list. I was thinking of leaving then, but I really wanted my daughter to have a chance at a normal life (mom and dad and the whole nine yards) her father and I talked about the incident and he convinced me to come back that night (I really had no where to go). Maybe daycare just thinks this is a fluke and I will change my mind.. The only answer I get from them is that they need legal papers to take his name off.

Fr_Chuck · Feb 10, 2011, 08:35 PM

The only way day care would have him on the list, if if you gave them his name. So.
Give them a letter in writing, and mail one certified ( do both) informing them that you are the only legal parent, that there is no father on the birth certificate, and no one has been proven the father by paternity. And that they are legally liable if they allow anyone but you or someone you give permission to pick up the child.

Change day care if they will not agree at that point, Or change anyway if you want.

ScottGem · Feb 11, 2011, 04:25 AM

If you have a follow-up question or Info, please use the Answer options, not Comments.

So your show daycare the birth certificate that does not have his name on it. You tell them, if they allow him to pick up the child you will sue them.

Or find a new daycare.