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vj83010 · Feb 23, 2012, 06:03 PM

My one year old does not need to be with her mother.Her mother will not work to take care of our daughter. She finds it simple to use her self as a way of cash flow. I understand do what you must for your child but I go to school an wok on top of having my little girl seventy percent of the time. So she can work to. Here is my issue she was an still is legally married an I did not have I.d at the time so the hospital would not permit me to sign a birth certificate her an her legally separated husband won't divorce due to tax reasons. He has claimedmy daughter twice now I'm not on a birth certificate nor do I know a SSN... here is the bad part I have her like I said seventy percent of the time. I want it to where she can not just come take my child I'm what she knows she had a good father not mother. With school work it would be a big help to have it explained how I can go about this situation so I can remove or have the amount of control needed to limit her mothers involvement if needed or in the best interest of my child... HELP PLEASE!

AK lawyer · Feb 23, 2012, 06:13 PM

Let me understand what you are saying:

You had a daughter by a woman married to another man. They are still married. You want custody.

As it stands, he is presumed to be the father. Either of them could "just come take [the] child" at any time. You will have to file suit against both of them for a decree awarding you custody. You would need tests done to prove that you are the father.

cdad · Feb 23, 2012, 07:08 PM

Also depending on the state your in you may not have any right to challenge paternity. It is something you maybe should have considered before you decided to have a child with her.

ScottGem · Feb 23, 2012, 07:31 PM

ANY question on law needs to include your general locale as laws vary by area.

As noted, you weren't allowed to sign the birth certificate because, by law her husband is the presumed father. The only way that changes is if you go to court to challenge paternity. But many states have a limited window of time in which you can challenge paternity. Since she is a year old, that window of time may have passed and all you will ever be is a glorified baby sitter.

Consult an attorney TOMORROW.