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Rhys_Ryle · Apr 14, 2011, 11:41 PM

Hi,
Was just wondering what the fathers rights were and if there are any way to diminish them completely. I live in California and became pregnant before I was 18, he was 22. If I don't name him on the birth certificate does he have any rights and if so does the age card have any play? As much as I want him to be involved in our little girls lives he has a drug/alcohol problem and a very violent temper. I just don't feel comfortable with him having any say right now especially over two infants when he can't even take care of himself. Please how do I protect myself?

ScottGem · Apr 15, 2011, 03:58 AM

First, a father has rights as a matter of biology. Leaving him off the birth certificate doesn't change his rights, it just requires that he go to court to enforce those rights. There is also the issue that a birth certificate is a legal document and saying you don't know who the father is may constitute perjury. If you have to ask for public assistance they will require that you name the father.

Second, however, he is guilty "statutory rape". The age of consent in CA is 18. If the he was 3 years older than you. California - Age of Consent. Since you conceived before 18, you may also be required to name the father.

Third, this always comes up in cases like this. You say he has a substance abuse problem and a violent temper. Yet that didn't stop you from having a sexual relationship with him. And yes, the courts will look at that fact. The time to protect yourself was before you let him into your pants!

If you can prove these problems, you should be able to get visitation supervised if he requests visitation.

Rhys_Ryle · Apr 15, 2011, 11:50 AM

Thank you. I'm not to concerned if he's allowed to have supervised visits but he's one of those you don't ewe know when he's truly sober or not. I wasn't aware of is issues and extremities of them until after I had conceived and lived with him for a short while. I recently had asked him to leave as a result of a police report being filed regarding domestic violence because my entire neighborhood could hear him yelling at me in a drunk rage threatening to "****ing hit me" a neighbor I'm assuming called the police. Do you know of anyway I could potentially make it more difficult for him so it's made sure he is finally at a point of stability before he is granted anything.

ScottGem · Apr 15, 2011, 02:55 PM

You will need a lawyer who knows the ins and outs of your local courts. Such a lawyer may know some tricks. If he has a police record for domestic violence or drugs, you may be able to require that he take regular drug tests before visits.

If you charge him under the law I cited, he will spend some time in jail and will probably be monitored as a sex offender.