QUESTION
Does the biological father have a right to my child?
Asked on Oct 17th, 2011 on Child Custody - Colorado
More details to this question:
In March of 2009 I was raped and now have a 18 month old daughter. I need to know if the "father" had any rights if he came to try to take her away. I never went to the police about it and I strongly regret it now. Is there anything I can do?
10 ANSWERS
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
File a parentage action.
Answered on Jul 03rd, 2013 at 2:07 AM
Steven D. Dunnings
Is there a court order declaring him to be the father?
Answered on Jul 03rd, 2013 at 2:06 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
As you are not married to the father, you have custody by law. If the father wants any rights, he has to go to court. At that point, you can argue why he should not be involved.
Answered on Nov 07th, 2011 at 11:52 PM
Family Law Attorney serving McDonough, GA
at
South Atlanta Family Law
Update Your Profile
It is not too late to go to the police. Also, in the State of Georgia he has no legal parental rights in regards to the child until he legitimates her by filing a petition with the court. You may still pursue him for child support if you wish to do so.
Answered on Nov 07th, 2011 at 9:01 AM
If unmarried at the time the child was born, then the father will have to be legally adjudicated to be the father before he can have any rights. This will involve DNA testing and the filing of a paternity action. So until adjudicated to be the legal father, he does not have any rights. In Alabama a father must be married to the mother prior to the child's birth or adjudicated by DNA testing before he can enjoy legal rights to the child.
Answered on Nov 03rd, 2011 at 3:04 PM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
The father has no rights to the child at all.
Answered on Nov 03rd, 2011 at 2:06 PM
Glen Edward Ashman
You can still go to the police. And unless he goes to court, he has no rights.
Answered on Nov 03rd, 2011 at 1:57 PM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
at
Ruiz Law Group PC
Update Your Profile
It would be difficult to deny the father of the child his rights as a "rapist" especially since it was never reported.
Answered on Nov 03rd, 2011 at 1:48 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
He may be able to obtain parental rights, but until he gets a court to rule that is the legal father and say exactly what rights he has, he doesn't have any rights that can be enforced.
Answered on Nov 03rd, 2011 at 1:47 PM
Family Law Issues Attorney serving Camarillo, CA
Partner at
Laurie Peters & Associates, APLC
1 Award
Not if he was convicted of rape.
Answered on Nov 03rd, 2011 at 1:47 PM