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    nicaitalian's Avatar
    nicaitalian Posts: 1, Reputation: 1
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    #1

    Mar 24, 2009, 01:38 PM
    How does a man file for custody of his child?
    Here is the issue. A friend of mine had a relationship with a female for a couple months. Now after about 3 or 4 months she's pregnant. She gets mad because he was seeing someone else without her knowing, she keeps the rest of her pregnancy along with the gender of the baby to herself. Has no contact with him until about a month before she's due.
    Baby is born healthy and adorable. NOW here comes the question. He is very scared to be taken to court in fear of losing his child. He doesn't know how the laws are, or what he's entitled to. She's going to be two months now, he lives in NJ she lives in PA. He has to take the bus to get to see the baby ON HER TERMS, so he does do for his child. Not as much as he would like because of the distance. My fear is she will try and take the child from him and claim he's not doing for his child or providing anything in return which is FALSE! So he decided to ask her for a preternity test to be 100% sure, only because she had also been sexually active with someone else around the same time as the "supposed-father". She refuses, and says she knows who her baby's father is.
    Now here's the final question, what rights as a father does he have? He is not a bad man, and he does not mind taking custody if allowed to. But he knows she will be a problem. WHat can you advise him? What exactly are his rights? She already has another child from a previous relationship claiming the father was a dead beat. I don't want my friend to be taken advantage of either. Please help...
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Mar 24, 2009, 02:51 PM

    He has the right, after paternity is established by the court, to visitation and possibly joint custody. He is obligated to pay whatever child support the state orders.

    If he wants to cement the relationship, he needs to file for paternity and visitation in the appropriate jurisidcition (where the child lives).

    She will not be able to refuse a court ordered paternity (DNA) test.

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