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    knowbody111's Avatar
    knowbody111 Posts: 6, Reputation: 1
    New Member
     
    #1

    Feb 10, 2008, 04:27 AM
    What to expect?
    Continuing on the same subject, paternity has been confirmed by both me and her ( being the mother). Do I still need to take a DNA test here in Montana? That is beside the point, the situation is that guardianship has been established with her aunt in a nother town. Guardianship was established before I was confirmed as paternal father of my daughter and I have an objection of who she is with, my question is will I be able to get my daughter or will I have to go through the court to do so?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Feb 10, 2008, 04:52 AM
    Quote Originally Posted by knowbody111
    Continuing on the same subject, paternity has been confirmed by both me and her ( being the mother). do I still need to take a DNA test here in Montana?
    Have you acknoledged your paternity in written... and in this way to establish yourself legally as a father
    Quote Originally Posted by knowbody111
    that is beside the point, the situation is that guardianship has been established with her aunt in a nother town. guardianship was established before I was confirmed as paternal father of my daughter and I have an objection of who she is with, my question is will I be able to get my daughter or will I have to go through the court to do so?
    My view-you have to go to the court and to file for custody.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Feb 10, 2008, 06:08 AM
    Hello k:

    You'll have to go to court to establish a custody, visitation and child support arrangement.

    If you DON'T establish your legal rights as the father, she can move clear across the country with your baby and you couldn't do a thing about it.

    Hire a family lawyer. Make payments if you have to.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 10, 2008, 07:11 AM
    Quote Originally Posted by knowbody111
    Continuing on the same subject, paternity has been confirmed by both me and her ( being the mother). do I still need to take a DNA test here in Montana? that is beside the point, the situation is that guardianship has been established with her aunt in a nother town. guardianship was established before I was confirmed as paternal father of my daughter and I have an objection of who she is with, my question is will I be able to get my daughter or will I have to go through the court to do so?

    1. please do not start new threads if your old thread has a reference, merely add a responsse to it. Since to be honest I have no idea what "continuing" on the same subject is, since without some effort to go find your old post, I have no idea what your old post was. You will get better answers if you keep all of the same parts of a post together.

    In most courts, if both mother and father confirm to the court they do not always require a DNA test, but if it was me, I would get one to have full proof. And this is part of the reason for the DNA test so that it can not be challenged by another court.
    No you can not just go get the child, since the courts ( even if illegally) gave guardianship to someone else, you will now have to go to court to get custody given back to you. You can ask them to let you have the child pending a court hearing, and perhaps they will merely sign it over so that there will not be a court battle, but you will have to go to court to get custody back
    knowbody111's Avatar
    knowbody111 Posts: 6, Reputation: 1
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    #5

    Feb 11, 2008, 09:51 PM
    OK so paternity has been established and my ex. And I are in agreement that my daughter come stay with me. The issues at hand now are fist to get my daughter. I do not know if her aunt is going to be cooperative or not; if she is than she will send her with me and we will go to the judge and get it finalized and this first part will go smooth I will have my daughter, if not than what should I expect to go through to get my daughter?
    And now comes the even harder issue of my older one. First I will have to get a hold of her sperm donor and get him to relaquish his parental rights and adopt her. What should I expect here? If he does it than will it be the same deal to get her back? If not is there anything I can do? If any one can spare any advice I would be so grateful. Sorry for the long winded questions and thanks.

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