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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> paternity
Nov 29, 1999

Question:

My girlfriend and I live together and have a two month old daughter. We have recently decided to no longer cohabitate, and she wants to take our daughter primarily with her. She is breastfeeding right now, and I want to know what rights I have to keep my daughter with me and switch her to formula until custody has been established

Answer:

I cannot answer your question specifically to the laws of California as I am not licensed to practice law in that State. In my jurisdiction, you have no rights until you have been established as the father. Are you on the birth certificate? You need to go to an attorney and file a Paternity action and for a custody determination, otherwise you have no legal rights. You will be at her whim to exercise time with your child.

Nov 29, 1999

Question:

I was wondering what my rights were as far as knowing if I can get a paternity test done on my son because I am not listed on the birth certificate. My soon to be ex didn't place "Brad" as my son. So I was wondering who would have to pay for the test to prove that he is my son?

Answer:

I am not licensed in that State of Illinois and therefore cannot answer your question specifically to the laws of that State. Generally, if the child was born during the course of the marriage you will be the presumed father and it would be her burden to show you are not the father. If the child was born outside of the marriage you would need to establish your paternity with the court. She could consent to the determination of paternity by signing an affidavit or you could get genetic testing done on you and the child.

Nov 29, 1999

Question:

My husband had an encounter with a woman 14 years ago. As a result, she had a daughter. He signed his rights away when she was born and seen her only a few times her whole life. The mother has been married and had a son with another man. The daughter refers to him as dad. My husband and I have two young daughters of our own. The other woman found out that he is making a nice salary and decided to sue for child support after all these years. We now have 954.00 taken out of my husbands check and just got a bill for another 910.00 for 14 years retroactive. If we pay the additional 910.00 a month our two little girls will have to do without. Where's the justice for them? Do we have any recourse considering the circumstances?

Answer:

I am not licensed in that State of Florida and therefore cannot answer your question specifically to the laws of that State. I am confused by the facts presented. If your husband signed away his rights, then he would not have any right to visit with the child, but the mother would have no right to collect child support. If he really terminated his parental rights you need to have that fact presented to the court that entered the child support order. Second, has there been a paternity test? Third was there an establishment of paternity by a court of law? Fourth, in my jurisdiction the court can only go back for child support for a period of ten years. Anything before that time is bared by the Statute of Limitations. Finally, there are limits to how much may be withheld from someone's net pay each month. If they are exceeding the federal or State guidelines on that issue you may have the right to quash the wage assignment. I highly suggest you contact a local attorney to review your case and options.

Nov 29, 1999

Question:

I have a grandson, who is not married, but has an 8 month old daughter by his live-in girlfriend. They have since parted ways and he needs to know what to do to get custody of his daughter. The grandson is employed full time, the mother of the child is not.

Answer:

He needs to file a Petition for Determination of Father-Child Relationship (Paternity Petition) and ask for establishment of the parental relationship, physical custody, legal custody and child support. The fact that the mother is not employed is not a very strong factor in a custody determination and may actually be favorable to the mother.

Nov 29, 1999

Question:

I have a child with a woman that I never married. My name is on my son's birth certificate as the father. She has not let me have my son for visits away from her. She plans to let me take him for a visit for the first time this week and he was born in November. Do I have to give my son back to her or do I have the right to keep my son? Can she call the police and have me charged with anything if I don't want to give my son back right away.

Answer:

Currently you have no legal custody or physical custody rights to that child. Any visitation that you have is at her grace. You need to file a Motion to Establish Father-Child Relationship (paternity action) with the court. If everyone agrees or you prove by genetic testing that you are the biological father you can get a temporary custody order until a final custody, visitation schedule and child support order is established. This forum is exclusively about domestic relations law therefore I am reluctant to give any advise or opinion concerning any possible criminal charges that could be filed against you.

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