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    Lizzy122's Avatar
    Lizzy122 Posts: 1, Reputation: 1
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    #1

    Mar 26, 2012, 04:55 PM
    What do I file if my child's father has never seen my child, now wants custody?
    I have a 5 year old child that I have always taken care of from day one. Myself and my husband who is not her biological father but has been there since she was born have taken care of her. My husband (Joe) has always been her "father". She refers to him as "dad" because that's the man she has always known as her dad. However here biological father has never once seen her, doesn't even know her name or when she was born. He all the sudden wants to be a part of her life. Can I file abandonment or neglect? What can I do?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Mar 26, 2012, 05:19 PM
    I have to ask as this is critical to your answer. Were you married at the time the baby was born?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Mar 26, 2012, 05:21 PM
    Quote Originally Posted by Lizzy122 View Post
    What can I do?
    Hello L:

    Hire a lawyer. Commence adoption procedures. Go to family court to get a custody, visitation and child support order.

    excon
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Mar 26, 2012, 05:26 PM
    Quote Originally Posted by excon View Post
    Hello L:

    Hire a lawyer. Commence adoption procedures. Go to family court to get a custody, visitation and child support order.

    excon
    If they were married at the time of birth like the op is alluding to then they won't need adoption as the husband would be the presumed legal father of the child until it is challenged.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Mar 26, 2012, 05:27 PM
    Quote Originally Posted by Lizzy122 View Post
    ... Can I file abandonment or neglect? What can I do?
    What does this man have to assert paternal rights? Were you married to him when the child was conceived? Is he on the birth certificate? If not, it doesn't appear that he has any rights concerning the child, absent a court judgment.

    Otherwise, you can ask the court to award you exclusive custody, and an order that this man pay child support. Or your husband can petition to adopt the child. Notice would be given to the biological father, and he can, if he chooses, object. It is possible to overcome such objections, in many states, based upon "abandonment", or whatever you want to call it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 26, 2012, 05:31 PM
    First ANY question on law needs to include your general locale as laws vary by area.

    Did you inform the father of her existence? Did you ever file for child support?

    The fact is the father has rights. If he decides to exercise his rights he is likely to get some level of visitation. You should counter by filing for child support. If he is unhappy about that, he may be willing to allow your husband to adopt.
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