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ronnie4992 · Sep 1, 2013, 10:12 PM

Okay my daughter was born September 24 2010, she will be three in a couple weeks, her father left when she was 3 months he moved to sd he came back when she turned one never saw her didn't get incontact to talk to her when she was about 1 1/2 he decided he wanted to be in her life I let him come see her and tried to work things out with him but it didn't work he started doing drugs so I let him come see her but I wouldn't let him leave with her, he was scary he was abusive and did a lot of ilegal things, he went into the army after she turned 2 nevrr called or emailed or wrote her then he comes back for the weekend to see his wife, he shows up at my house Saturday morning but I wasn't home later that night he texts me while I was at work so I call him and explain to him that I had plans with her the next day and i.had no notice he was coming back.he starts fighting with me and calling me all kinds of names and threatened me then proceeds to tell me he is going to run up in my house and take my daughter is there anything I can do to make sure he can't take her?

J_9 · Sep 1, 2013, 10:53 PM

Were you married at the time of the birth?

Have you been to court to establish paternity and/or custody?

Fr_Chuck · Sep 2, 2013, 03:21 AM

He has every right, listed in the child custody and child visitation order.

If he is on the birth certificate and there is no orders in place, he has all the same rights as you do with the child.

So what legal court orders are in place ?

ronnie4992 · Sep 2, 2013, 05:55 AM

He signed an affidavit when he enlisted that said I had full custody, I don't care what kind of rights he has he isn't going to threaten me and he isn't going to try and steal my daughter, she doesn't know him and whenever he is around she is uncomfortable.

Fr_Chuck · Sep 2, 2013, 06:07 AM

A affidavit unless it was filed though the court and signed by the judge has little value. Was there a court order ever issued?

Is he on the birth certificate ?

Those are the only two real legal questions that has to be answered.

if he is on the birth certificate and there is no court order (from the court) he has every right you have.

if there is a court order from the court, he has only the rights in the court order.

if he is not on birth certificate, he has no rights he can enforce UNTIL he goes to court for a court order.

he can ask for joint custody, extended visitation and more. If he goes to court.

AK lawyer · Sep 2, 2013, 06:54 AM

Originally Posted by Fr_Chuck

...
f he is on the birth certificate and there is no court order (from the court) he has every right you have.
...

Chances are that is true. But what state is the child in?

ronnie4992 · Sep 2, 2013, 07:22 AM

Pennsylvania

ScottGem · Sep 2, 2013, 07:42 AM

Do you have a copy of this affidavit? It was required by the military and properly witnessed, it may have the force of law. If you don't have a copy, you need it. Even if it is recognized, he can still go to court for custody.

What the others have said is true, without a court order for custody he has just as much right to the child as you do, unless this affidavit will be recognized by a court. What you can't do is leave her alone with him. But, on the other hand, if you withhold visitation it could be held against you if he files for custody and visitation.

As for paying support, did you go to court for a support order? If not he doesn't owe support. So you should go to court to require support.