QUESTION
Do fathers have rights, even after paternity has been established?
Asked on Feb 09th, 2013 on Child Custody - Kansas
More details to this question:
The mother of my child and I have both of our names on our baby's birth certificate. We both reside under two different residence, until we move out, which she stays no further than 0.1 mile away. My girlfriend approved our baby could stay with me for a little while or whenever I'm ready to pick her up. She's around our baby 7 days a week regardless, suffering sleepless nights when she's home with the baby instead of with me, but her mother is trying to keep me from taking the baby home with me rather if my girlfriend approved or not. We've been in a relationship for four active years, and there's a problem with me going to her mom's house. The family doesn't like me for no reason whatsoever. I understand that I am the biological father trying to help her take care of our baby, which I have also filed acknowledgement of paternity from the day my child was born. I need to know if I have any rights over my own child. rather I can go and pick her up when my girlfriend approve.
9 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Yes, in Florida you have equal rights. However, those rights are not enforceable until they are established in a court of law. You should consult with an attorney and file an action to establish and define your rights.
Answered on Feb 14th, 2013 at 12:20 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Go to court file for a custody hearing and get scheduled visitation that you can enforce.
Answered on Feb 13th, 2013 at 10:36 AM
John Arthur Smitten
Since you are not married you have to petition the court to enforce your rights.
Answered on Feb 13th, 2013 at 10:35 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes you have the same rights and responsibilities as to the child as the mother unless there is a court order to the contrary.
Answered on Feb 13th, 2013 at 10:35 AM
Abuse and Neglect Attorney serving Columbus, GA
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Poydasheff and Sowers, LLC
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Generally, you must legitimate your child in Superior Court, even if you're on the birth certificate, i.e., the legal father, to obtain custody rights.
Answered on Feb 13th, 2013 at 10:35 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In order to avoid these issues you must go to court and get a custody order in place. Contact the Idaho State Bar and get a referral.
Answered on Feb 13th, 2013 at 12:48 AM
You need to file a complaint for paternity to establish legal decision-making (which used to be called custody) and parenting time. You do have rights. Goodluck
Answered on Feb 13th, 2013 at 12:33 AM
Yes you do have rights and if you are not allowed to see your child on a regular basis, you may want to consider filing a petition for parenting time (visitation). If you would like to discuss this further, you can call our office for a free 30 minute consultation.
Answered on Feb 13th, 2013 at 12:03 AM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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You will need a court-approved Parenting Plan that details when you are entitled to see the child. Child support will also be determined.
Answered on Feb 12th, 2013 at 11:45 PM