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Singlemom414 · Dec 16, 2008, 05:18 PM

I had my baby just over a month ago the father was involed in my pregany up till the last couple of months even though we broke up early in my pregnancy. I was nice and let him in the delivery room and see his son and which he only saw his son by his choice on the day he was born. At that time I gave the hospital his information for the birth certificate and he refussed to sign it considering I gave my son my last name. Since then I have filled for child support and haven't heard from him at all. Now I'm wonerin with me filling for Child Support if he had any rights to come over and just take him out or if I were to be able to stop it? And with me having Sole Custody at the moment should I get a lawyer or would that end up giving him rights he don't have now? Or should I wait and see if he starts the process? Thank you

N0help4u · Dec 16, 2008, 05:23 PM

You can go to family court and file for sole custody and let the courts sort it all out and give you custody orders, support orders, etc...
With him not signing the birth certificate he really has no rights at the moment.

Singlemom414 · Dec 16, 2008, 06:13 PM

Ok and with me filling for support there will be a DNA test done does that give him any rights as it's proved he is the father?

ScottGem · Dec 16, 2008, 06:20 PM

If he is listed on the because then he's the legal father whether he signed or not. As such he has all the rights of a father.

Even if that wasn't the case, Before he would be ordered to pay support he would be declared the legal father.

However, you do not have to let him visit, until a court grants visitation. But if he asks for visitation he is likely to get it.

Singlemom414 · Dec 16, 2008, 06:25 PM

[QUOTE=ScottGem;1433328]If he is listed on the because then he's the legal father whether he signed or not. As such he has all the rights of a father. QUOTE]
The Hospital would not list him considering he refussed to sign.

ScottGem · Dec 16, 2008, 06:27 PM

OK, in that casem he has no rights until declared the legal father, which will happen if he's ordered to pay support.

Singlemom414 · Dec 16, 2008, 07:51 PM

So basically what it comes down to do I have to let him take our son out of my home before I get a visitation order from the court?

cdad · Dec 16, 2008, 08:05 PM

Originally Posted by Singlemom414

So basically what it comes down to do I have to let him take our son out of my home before i get a visitation order from the court?

No you don't have to let him take your child. You march down to the courthouse or wherever you filed for support and ask for visitation / custody to be set and you ask for full custody. ( if that's your wish ). You can have those matters heard concurrently with the paternity / child support hearing. That way you take care of both.

Singlemom414 · Dec 16, 2008, 08:25 PM

Originally Posted by califdadof3

No you dont have to let him take your child. You march down to the courthouse or wherever you filed for support and ask for visitation / custody to be set and you ask for full custody. ( if thats your wish ). You can have those matters heard concurrently with the paternity / child support hearing. That way you take care of both.

In the state of In where I went down to file for child support they don't deal with custody or visitation..

See what brought this all up his sister asked my sister in-law to convince me to let him come and pic him up as my response over my dead body considering he hasn't utted a word to me in over a month now and I would never hand my baby over to someone he don't know for a couple hrs.

cdad · Dec 16, 2008, 08:28 PM

Originally Posted by Singlemom414

In the state of In where i went down to file for child support they don't deal with custody or visitation..

See what brought this all up his sister asked my sister in-law to convince me to let him come and pic him up as my responce over my dead body considering he hasn't utted a word to me in over a month now and i would never hand my baby over to someone he dont know for a couple hrs.

Then go to the courthouse and file. You should think about getting a lawyer and you might be able to get one with an adjusted fee. Custody is pretty straightforward. They need that anyway to assign child support.

Singlemom414 · Dec 16, 2008, 08:33 PM

Originally Posted by califdadof3

Then go to the courthouse and file. You should think about getting a lawyer and you might be able to get one with an adjusted fee. Custody is pretty straightforward. They need that anyway to assign child support.

Thank you.. Been just trying to see if I should go a head and get a lawyer now or wait till he takes motion because I would hate to get a lawyer and have visitaton go to him if he had no direct interest fighting for it himself.

ScottGem · Dec 17, 2008, 07:01 AM

I would shop around for an attorney. Many will give a free initial consult. But you want to have one waiting if you need them.

But you are correct, without a visitation/custody order, he has no right visit with the child and especially not to take the child out of your control. He will need to file a pettiton to gain those rights. So the next move is his.

Singlemom414 · Dec 17, 2008, 12:05 PM

Thank you that's what I was thinking just trying to double check some info :)