QUESTION
. What can I do to keep my family safe if my child’s father was abusive towards my other children?
Asked on Jan 28th, 2014 on Child Custody - Rhode Island
More details to this question:
He wouldn't let us leave so I left when he was at work and moved out of state. He is now saying he is going to get custody of our young daughter. He has a history of incest and is verbally and physically abusive. There is no DNA test. He is on the birth certificate.
3 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Get a court order by hiring a lawyer.
Answered on Feb 03rd, 2014 at 4:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You file for divorce, ask for custody, ask for him to be ordered to stay away from you. If you have a question as to whether he is the father, ask for a DNA test. If he isn't the father, then he has no rights to the daughter.
Answered on Jan 31st, 2014 at 3:43 PM
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I am unclear as to whether paternity has been established, and whether you were married or not. If you were or are married, you will need to look at divorce and establishing custody. If not, both mother and father can only bring a paternity action for four years after the child was born. Being on the birth certificate creates a presumption of paternity but is not sufficient alone to give him rights. You should visit with an attorney about whether you wish to file a paternity action and ask for ex parte immediate custody and how your local judges would view your specific facts.
Answered on Jan 31st, 2014 at 10:35 AM