jaxmom
09-15-2006, 01:03 PM
I have a 3 months old baby. the father has not seen or asked about the baby since i was pregnant. we parted ways when i was 3-4 months pregnant and the last time i heard from him was a month after he moved out. we never got married he has never even sent any presents or money for the baby. I am not concerned with child support, but i do want my rights as the sole custodian to be guaranteed and to him to have none or supervised visitations. the father does do drugs, however i have no proof of that and the home he lives in is unsanitary for a baby to be in under its current state. The baby has my last name and his name is not on the birth certificate and no paternity test has been done yet, however i was on medical assistance and they said they would make him take a blood test.
1.what are the chances ill get full custody?
2.him little to no visitations?
3. chances of courts making him give blood test when i never said he was the father (they have his name cause we lived together when i asked for assistance and then he moved out)?
mommyof4
09-15-2006, 01:06 PM
I have a 3 months old baby. the father has not seen or asked about the baby since i was pregnant. we parted ways when i was 3-4 months pregnant and the last time i heard from him was a month after he moved out. we never got married he has never even sent any presents or money for the baby. I am not concerned with child support, but i do want my rights as the sole custodian to be guaranteed and to him to have none or supervised visitations. the father does do drugs, however i have no proof of that and the home he lives in is unsanitary for a baby to be in under its current state. what are the chances ill get full custody and him little to no visitations?
As you were never married and I am assuming that he has not gone to court to file for visitation/custody, (has legal paternity even be established?) you already are the only custodial parent of the child. You are under no legal obligation to allow him to have anything to do with the child until or unless there is a court order telling you otherwise.
jaxmom
09-15-2006, 01:13 PM
I adjusted my first reply. but can medical assistance force him to take a blood test and then cause a custody battle as well?
mommyof4
09-15-2006, 01:23 PM
I adjusted my first reply. but can medical assistance force him to take a blood test and then cause a custody battle as well?
Inderectly, yes. Once paternity is established (and it will have to be for him to be held responsible for medical or financial support and/or state assistance for you and the baby), he will be the legal father. Once he is the legal father, he will still have to file suit for custody/visitation before he has any rights to the child. The only way he will be able to get full custody of the child is if he can show that you are unfit. Likewise, the only way he will not be awarded visitation is if you can show the court that HE is unfit. If you applied for assistance, the state will first demand that paternity be established so that child support can be ordered to repay the state. Anything left over from after paying the state will come to you for child support.
sherry86
09-16-2006, 08:14 AM
let me give you best possible advise since i just left the court room yesterday. if his name is not on the birth certificate and you havent filed for child support dont do it just let him go. once you go for child support he will get what he wants and you'll have to go through with dna testing regardless if you change your mind. i wish i had just went my seperate way and decided to raise my child on my own. if you dont fight for help from him no dna testing will be done and he wont be able to fight for rights. take my advice if your ex is much an *** as mine. my ex went and got married and him and her is now planning on fighting for partial custody i wish i hadnt gone for child support cuz now his huzzy is gonna get just what she wants/
mommyof4
09-16-2006, 08:17 AM
let me give you best possible advise since i just left the court room yesterday. if his name is not on the birth certificate and you havent filed for child support dont do it just let him go. once you go for child support he will get what he wants and you'll have to go through with dna testing regardless if you change your mind. i wish i had just went my seperate way and decided to raise my child on my own. if you dont fight for help from him no dna testing will be done and he wont be able to fight for rights. take my advice if your ex is much an *** as mine. my ex went and got married and him and her is now planning on fighting for partial custody i wish i hadnt gone for child support cuz now his huzzy is gonna get just what she wants/
In the case of the OP, that's not correct. She has applied for assistance from the state. The STATE will make her reveal who the father is. The STATE will force child support so that the STATE is paid back for the assistance. Even if paternity could be avoided at this point, the father retains the right to determine paternity until the child is an adult. He could come 10 years in the future and sue for paternity, and then sue for visitation.