QUESTION
Can he keep my daughter away from her father?
Asked on Oct 14th, 2013 on Family Law - Wisconsin
More details to this question:
The father of my unborn daughter and I split when I was 18 weeks pregnant, then I found out I was having a girl, and he was saying how because it's not a boy I should leave her out side of a fire house because girls are useless!!! He has two other children, one which has been adopted by a step parent after he never was there and never paid CS, and the other is three who he has custody of but keeps away from the bio mother by playing games and using the child as a pawn, he has no drivers license and lives off his new girlfriend, and works sporadically. I'm a college student and live at home with my family, but am set to graduate just a few months after my little angel is born. If I leave him off the birth certificate, what rights does he have, and can he fight to take her, if so what do I need to do to keep him away. He is rude, verbally abusive, way too physically hard on his son, he is extremely racist, and just not what I want my little girl around.
3 ANSWERS
4 Awards
If you do not name him or ask him to sign voluntarily to claim paternity, there is a 4 year statute of limitations for a private paternity action to be brought (by either you or him) to establish him as the legal father. However, if you accept and use state benefits at any time (even after 4 years) for your child, such as food stamps, Medicaid, etc., Nebraska Child Support Enforcement will likely open a case to obtain child support. If you eventually marry and your husband is willing to adopt and bio-father is willing to consent, that is the only way to forever cut out the father. Unfortunately, even if he is not a nice person, otherwise, bio-father will have rights to at least visitation and responsibility to pay support.
Answered on Oct 15th, 2013 at 11:25 AM
You can not preclude him from seeking to establish paternity, but you can argue he is not fit and should only have supervised visitation. That may be a tough sell due to him having custody of another child. Time to get counsel involved in now, now later. You want to be ready to act and not be in a reactive mode.
Answered on Oct 15th, 2013 at 10:22 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
You have sole custody and placement until or unless paternity is established.
Answered on Oct 15th, 2013 at 10:17 AM