Ask Experts Questions for FREE Help !
Ask
    shyy01234's Avatar
    shyy01234 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 4, 2014, 12:12 AM
    Can my daughters father take custody from me
    I have been unclear of the paternity of my daughter. He claims to have done a DNA test during a visit. I have been keeping him away from her because he has told me more than once that he would take her to live with him. He now sends me threatening texts saying he will bring his family to my house if i dont agree or give in. I have been more than cooperative with him in letting him see her and her spending time. but he has been giving me trouble not bringing her back on time or threatening to keep her. Now its gotten to the point where he is forcing me to allow her to live with him. what can i do?? what are my rights???? I am afraid of losing my baby because he keeps saying he will take full custody but he smokes and drinks and drives im so scared he has drugs just everywhere on the coffee tables of his home where she plays what can i do??? whenever she comes home her clothing and her bag and her smells like weed. her eyes are always puffy and swollen as if they smoke right in front of her. in my househole there is no drugs not even cigarette smoke.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
     
    #2

    Mar 4, 2014, 12:25 AM
    If you are unclear about paternity, get a court ordered paternity test. Until then you are the mother and he has no rights to your child.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Mar 4, 2014, 05:33 AM
    He can not force you, if he brings people to your home, don't let them in and call the police if they will not leave.

    Why are you even talking to him, refuse to talk.

    He will take the child, if you keep letting him have the child.

    No "home DNA" test is valid. But he needs do a test thought the court, just tell him, no, that if he wants to see the child, he can get a court ordered visits though the court
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Mar 4, 2014, 05:48 AM
    Fathers make such threats all the time. They are generally meaningless. But you need to stop being scared and take action. What action to take depends on information you did not give us.

    First, any question on law needs to include your general locale as laws vary by area. Second, did you both sign an Acknowledgement of Paternity naming him the father? Based on your statement about being unclear of paternity, I doubt it. Third, you need to go to court and establish custody as, at least, joint legal and primary physical custody. Or you can refuse him visitation and have him go to court to establish custody and visitation. Either way, to protect your rights, custody and visitation need to be established by a court. At the same time you need to get the court to order him to pay child support.

    As part of the court process, DNA testing will be ordered by an approved lab to establish paternity. Unless he is listed on the birth certificate, signed a valid acknowledgement of paternity or been declared the legal father by a court, he has NO rights. You, on the other hand, have full rights until a court says otherwise.

    The next time he returns her with her eyes puffy, go immediately to your doctor or a walk-in care facility. Have her examined so the doctor can testify as to her condition. This will help you limit his visitation if you are right about smoking around her.

    So, I've given you lots of things you can and should do. The next move is yours.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

My daughters Father seeking full custody in MI ? [ 2 Answers ]

My Daughter Just turned 1 in Feb. and her father has been fighting for sole custody since she was 6 months. "He hadn't seen her until she was 6 months" Now I have sole physical custody and joint legal custody and He gets her every other weekend 1 over night every other week and 2 2 hr week day...

Can a father get legal custody of daughters if wife abandoned the family 3 yrs ago? [ 2 Answers ]

I'm asking this as a concerned god-parent. My god-daughter will be 5 this year. She has 3 older sisters ages 7,9,& 10. 3 yrs ago her mother decided to leave her family for a married man, who is also a known drug dealer. Her husband who she left is a youth minister at a church. He is trying to get a...

How can I see my daughters father has custody? [ 1 Answers ]

My two daughters father and his parents have custody of my two daaughters . I had visitation rights many years ago that I broke due to having to go to the fathers parents house with them their and treating me really bad. Therefore I have not seen my daughters for like 6 years . I have been to the...

Filed a custody pettition, daughters father in arrears with other children. [ 1 Answers ]

MY daughter is 3 yrs old, he bio father has not been in the picture consistently, he used to come by when he needed to borrow money but never spent time with her and once he got his business established he came by ever 2 or 3 months for anywhere b/t 25-55 minutes at at time... she does not know who...

Daughters custody before hurt [ 2 Answers ]

We had custody of my husbands children for all their life till 2 yrs ago and the mother got them back the children wanted to stay with us and the law guardian also recemmended they stay with us but the judge gave them back .since she has had them one child 3 yrs old died in her care her 1 son was...


View more questions Search