[chuckit]

Hello,
Asking for a 'friend'
Daughter, underage has baby
Not married
Dad DEMANDS to be able to TAKE baby withOUT the mother to his family's home

So far all that's happening is talk
But there is a real fear
Father's family has instances (no courts involved) but common knowledge of incest and coverup, drugs, etc.

What right's do this father-also underage and his family have?

I thought for sure the mom had the ability to make all the decisions for her child. But after researching I'm also concerned that this baby can be put into a dangerous environment because of the law.

[twinkiedooter]

This must be settled in court by a judge. He must petition the court for unrestricted visitation and the judge must approve this. We cannot recommend any attorney. Would suggest you call your local Bar Association and see if they could recommend a good family law attorney for your friend to consult with.

Is the father on the birth certificate for this child? Has he been court ordered to pay any child support? If that is yes, then he can get the attorney to petition the court where there is already a case opened on this child.

[chuckit]

I rec'd message: twinkiedooter has just answered a question you have subscribed to entitled "California not married father's rights? Scary situation" in the Children topic of Ask Me Help Desk.

BUT see no response what am I doing wrong?

[chuckit]

Thank you for the reply
Yes on birth certificate--attended birth
NO court action taken by either party YET just lots of drama and lots of anxiety and threats.
Thanks again!

Will look up local Bar Assoc.

[chuckit]

Help someone
Can I get how-to's (already searched forum)
Need to delete zip code please
Especially since there are now questions of obsessive conduct possibly stalking charges coming up.

[twinkiedooter]

Help someone
can I get how-to's (already searched forum)
need to delete zip code please
Especially since there are now questions of obsessive conduct possibly stalking charges coming up.

You need to go into your profile on the upper right hand corner then into the category on the left hand side to edit your profile.

[cdad]

Help someone
can I get how-to's (already searched forum)
need to delete zip code please
Especially since there are now questions of obsessive conduct possibly stalking charges coming up.

I have sent in a request to have the zip code or last line edited out.

Thanks for using AMHD.

[ScottGem]

The father has equal rights, but the mother is in control. The father can go to court and get visitation unless a court feels he is a danger.

You mention the mother is underage. Could the father be prosecuted for statuory rape?

[Fr_Chuck]

He can't do anything without moms permission until he goes to court.

But unless there is proof, evidence that can be presented in court that the child is in danger the father will get over night, perhaps even joint custody, if the father requests.

But it will need to go though court,

But with that said, it needs to go though court, she needs to file for child support

[chuckit]

AWESOME it was DONE THAnks!!

[chuckit]

No they are within the 5 yr difference range that California uses as criteria

[chuckit]

Thank you so very very much

[ScottGem]

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

The main problems the mother has are these. If he signs an acknowledgment of paternity, then he will be the legal father. That gives him equal rights. That means he can take the child (except by force) and he can keep the child until a court orders otherwise. On the other hand, if she keeps him from the child, the courts may not look kindly on that.

So she needs to move immediately to establish custody and support. She wants primary physical custody and, at least joint legal custody. He is the one who will have to request visitation. Unless she has proof that he id a danger, then he will get it, so she shouldn't fight it. But should ask that it be reasonable.