[wen181992]

Ok my ex boyfriend wants to get custody over my 6 month old daughter and his name is not on the birth certificate. I don't want him to have custody because he has never helped me and even yelled at me throughout the year me and him were together. I don't want my daughter to be emotionally hurt or physically hurt. He smokes and drinks and has done so throughout the whole pregnancy and I have witnesses on that. I go to college and work part time and pay for all of her things. He hasn't paid for a single thing for either me or my daughter. He owes me over 3000 dollars and over 1 years of child support to his first daughter. I'm getting married to my fiancé in February 2011 and I want my husband to have rights over her instead of the biological father. I'm 18 years old and my fiancé is 23 years old. The biological dad works, but has not paid me back or for anything for my daughter. I also want to change my daughter's last name once me and my fiancé are married. The biological father lives 2 hours away and I live in Nebraska, USA. I have already told him that he can see her whenever he wants if he comes down here to see her. He is claiming to a lawyer that I am neglecting his vistation rights. Will I be able to win custody in court? Will I be found unfit against the biological father? Please help me out ASAP!

[Jake2008]

I think it is time for you to see a lawyer yourself.

Is there a custody agreement in place, and is there a visitation agreement? Has your ex boyfriend's lawyer actually contacted you?

If he doesn't have a lawyer now, he may very well do so at some future date, in which case, you might want to have legal obligations and responsibilities in place. In addition to custody and visitation, he should be paying child support.

You cannot take his rights away from him, because he is her father. If he chooses to relinquish his rights as a father, in order for your future husband to adopt his child, that too, is a legal matter.

See a lawyer and find out what you can and cannot do. It's the only way.

[ScottGem]

This is a legal issue and has been moved from the Children forum.

If his name is not on the birth certificate then he has no rights or obligations at this time. If you have not gone to court to setup a support order then you have no right to expect him to pay anything. If there is no visitation order in place then he can't claim that you are ne3glecting his visitation rights since he has none.

As for your fiancée adopting, when the adoption papers are filed, the bio dad will need to be identified and his assent gotten for the adoption.

If he he goes to court I doubt if he will win primary physical custody. But he will probably get visitation rights. You will need to counter with a petition for child support. In fact you really should file first for support.