Do fathers have the same parental rights as mothers?
The idea that mothers get custody over fathers is really based on the model that 90% of split families (parents don't live together because of divorce or unmarried parents living apart) are households with mothers having primary custody of the children. But that 90% are cases where custody was undisputed. When parents break up, the father usually doesn't want to be saddled with the kids full-time. They may want to have the kids with them some of the time, but it's rare when they want primary custody.In the cases where custody is disputed by mother and father, however, fathers win full custody about 70% of the time. So it isn't true that fathers are less likely to gain custody of children. It's only true that about 90% of the time, mothers end up with the kids because custody is undisputed, or the fathers aren't even around. When custody is disputed, though, fathers get it more than two-thirds of the time.
What rights as mother do I have to obtain full custody of my child?
First of all, if the father never signed the birth certificate then there is no proof that he is the father, therefore he don't have any rights until he takes a paternity test. So you can with hold visitations from him legally but I would go through and take him to get a paternity test and the whole child support thing. You can request a drug test be done on him and his family if there's drug usage. And all visits until he cleaned up can be requested supervised. But after, it's up to the judge. If he sees it fit that supervision is still needed then it will be so but if he doesn't think that supervision is necessary then it would be really hard to make it that way. The best way is to prove the father an unfit parent. That way you would have full custody.
Is it true that fathers can lose custody of their children by failing paternity tests?
From what I recall from when I studied family law years ago, in most states the husband of the mother is presumed to be the father of the child if they were married at the time the child was born. This presumption is rebuttable by DNA test, but in at least some states even if evidence of actual biological paternity is produced, the husband's paternity will not be terminated while the marriage remains intact unless he explicitly wishes it terminated, and indeed in some states cannot be terminated even if he does wish it while the marriage remains intact (thus, the only way he can disavow the child is by divorcing his wife). If the husband acknowledges the child as his own despite proof of not being the biological parent, the actual biological father may well be barred from claiming legal paternity. This is becoming increasingly important now that we have marriage equality; in a same-sex marriage involving two women, the mother's wife is legally one of the child's two parents, her female sex and incapability of being the biological parent notwithstanding.A DNA test performed for reasons other than to establish paternity in the context of a legal action in which paternity is at issue would not automatically terminate paternity (but obviously could be introduced at a later time in such an action).These rules have changed a lot over the years (the presumption of paternity used to much harder to rebut, and is still one of the strongest presumptions in law), and the manner in which they have changed has varied by jurisdiction, so check with an attorney licensed in the state having jurisdiction over the child to obtain an answer useful for any purpose.
How to keep the father off birth certificate?
I did it. When the registrar was asking me the parental information, she asked me the father's name and I said, "I'd like to keep that ommitted." She said okay. No harm, no foul. You are not obligated to list the parental information. She could legitimately not know who the father is. They can't fault her for that. With that said, if she wants to get child support from him, they will make him take a paternity test. THEN, he can fight to have the name on the BC, and then a custody battle could ensue if he is a big a jerk as you're saying. If she isn't worried about financial support in helping to raise her child, then there is no worries on this. The best thing to do, for Mom and Baby, is to keep a restraining order in play and/or a PFA (Protection From Abuse Order) and she needs to document any and all contact from him. If he knows that she's pregnant, she needs to do this for their safety. Men that crazy are even crazier when there's a child involved. I'm not trying to scare either of you. I just know first-hand what can happen. My daughter's father isn't on the BC. He wasn't abusive, but he has a serious drinking problem. She has my maiden name. He pays child support (sometimes) but has no custody of her at all. It's because I documented and had evidence when we went to court for that part. I have also worked at a battered-womens shelter, and have helped shelter participants in obtaining these orders. Good luck to you and your friend. I hope this info is useful.
How to keep father out of child's life?
My girlfriend has a 4 month old baby. The biological father has seen the baby two to three times since birth. He had five days to put his name on the birth certificate and always had an excuse to not go to the hospital. He hasn’t once supplied any financial support and from what I hear his only means of income is money he makes selling drugs. Is there a way she can keep the father from having any rights over the baby? Her biggest fear is him trying to take her away or having ANY rights at all. He already has a son whom he fought for just because he wanted to fight. He takes this son on drug runs with him. ANY advice would be appreciated. Please no rude comments; it would be a waste of both our time. Thanks!
What can parents do to help children reach their potential in school?
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If two parent's are not married, and there is no custody agreement, can the father take custody of the child?
No, that would be kidnapping. Single fathers have no legal rights to a child until granted them, even if paying child support. Only Arizona gives single fathers assumed rights. http://a_fathers_rights_movie_trailer.dads-house.org/ http://single_fathers_rights.dads-house.org/ To learn your rights, join Dads House in Yahoo Groups http://Dads-House.org Useful links http://paternity_claim.dads-house.org/ http://article-paternity_fraud_rampant.dads-house.org/ GETTING STARTED http://daily-journals-in-family-law.dads-house.org/ http://chronological-statement-4-attorneys.dads-house.org/ http://recording-conversations-n-use.dads-house.org/ ATTORNEYS & YOU http://choosing-a-family-law-attorney.dads-house.org/ http://interviewing-family-lawyers.dads-house.org/