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single mother and father rights in california

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  • single mother and father rights in california

    I'm 7 1/2 months pregnant and the father of my baby and I are no longer together. I've heard that because of the fact that we are not married he doesn't have paternal rights to my baby until he signs paternity papers and then he would have to take me to court for visitation. Is this true? I was just wonder as a single mother what my rights are to my baby and what his right are to the baby as well? I've tried to sit with him and talk about it but he is having no part in that...I have the feeling he will try and take me to court so I would like to be better prepared as to what I can expect in this situation. Thank you.

  • #2
    re: single mother and father rights in california

    he will have visitation rights if he goes to court; and he has to pay support as well if you demand it

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    • #3
      re: single mother and father rights in california

      My ex- girlfriend is now pregnant. We are somewhat on speaking terms but she is threatening to leave the state and live with her mother. What are my rights to the baby? Is there any hope of getting joint custody(50-50 or better)?

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      • #4
        re: single mother and father rights in california

        You can file in court and have a court set out what rules shall govern visitation, travel etc--if you two cannot agree.

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        • #5
          re: single mother and father rights in california

          I am 7.5 mos pregnant and the father has exited on me entirely. He moved me out of the house we shared when I was on vacation, has left me on my own, and our communication has deteriorated since that time. He says he wants nothing to do with me. I want to move to California to be with my family. I wish to bring up this baby myself having endured a great deal of emotional harm at the hands of this man during my pregnancy, so can I just do this? Take care of the baby on my own, not declare any paternal responsibility or take any support?

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          • #6
            re: single mother and father rights in california

            Originally posted by Unregistered View Post
            I am 7.5 mos pregnant and the father has exited on me entirely. He moved me out of the house we shared when I was on vacation, has left me on my own, and our communication has deteriorated since that time. He says he wants nothing to do with me. I want to move to California to be with my family. I wish to bring up this baby myself having endured a great deal of emotional harm at the hands of this man during my pregnancy, so can I just do this? Take care of the baby on my own, not declare any paternal responsibility or take any support?
            yes, as long as you are not married to the father you can legally move.

            You do not have to declare paternity ever, unless you ever recieve public assistance.

            The father will have the right to file in court to establish paternity, but it sounds like that's not something he's planning to do.

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            • #7
              re: single mother and father rights in california

              I know this probably doesn't sound smart, but I'm pregnant with my ex-boyfriends child, but I don't want anything to do with him because he'd rather be with another woman. I still love him so much that I can't stand the sight of them together, but like I said, I want him to leave me alone. Is there any rights that I have as a mother to be that would help me out?

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              • #8
                re: single mother and father rights in california

                You mean do you, as the mother, have any rights that would allow you to deny your child the benefit of a relationship with its father?
                Its time to start putting the welfare of the child first, young lady. What you feel, or what the father feels, is of secondary importance.

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                • #9
                  re: single mother and father rights in california

                  Originally posted by tbyte View Post
                  You mean do you, as the mother, have any rights that would allow you to deny your child the benefit of a relationship with its father?
                  Its time to start putting the welfare of the child first, young lady. What you feel, or what the father feels, is of secondary importance.
                  HERE HERE!!!!!!!!! That is the exact point that way too many people keep denying now a days. Just because you do not like your partner or former partner does not mean they are a bad person or would be a bad parent. Every child deserves and NEEDS BOTH parents!!!!!!!!!!! If you can't get along well enough to civilly discuss custody then appoint a friend or family member who can do this as a mediator. If you can't do this then a court can appoint one. Court should be the last resort as it only inflames the situation. It is always best to civilly decide on custody issue out side of court first and then once an agreement is made go to court only for the purpose of getting it on paper and legalized.

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                  • #10
                    re: single mother and father rights in california

                    I am 15 weeks pregnant, my boyfriend of 1 year flipped out.
                    He is a sheriff, and upon telling him of the pregnancy, he decided to reveal that he is not divorced as he told me, but that he is married and will not be associated with this child or me in anyway. He is now threating me to leave his name out of it or else when all my freinds and family know he is the father. He is stating I am ruining his life!
                    I am scared because I do need help financially to raise this child. But I hear the anger and desperation in his voice and I am worried about what he may do.
                    Any advice would be helpful.
                    Thank you.

                    Comment


                    • #11
                      re: single mother and father rights in california

                      He has a legal responsibility to provide financial support for the child, and you should take him to court for this.
                      You cannot make him love the child, or acknowledge it. That is his decision, and if he can live with it then that is just the type of person that he is.
                      But, I have trouble believing that his parents would be OK with never having a relationship with one of their grandchildren, and I am sure that if his office of Sheriff is an elected position, few communities would vote in a law enforcement officer who abandons his children.
                      So, give him some time and he may come around.

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                      • #12
                        my rights as a mother

                        I just want to know what my rights are as a mother. Here is my situation:
                        My daughter is 6. I have been married for 2 years. My daughters biological father has been in and out of her life. He used to have visits every other weekend. But then he got heavily into meth. So then we agreed to supervised visits at a park, which were to be supervised by me. He never showed up. He never called. The only contact I had with him was letters he would send every couple months, saying that he loves our daughter and I can't keep him from seeing her. (doesn't make sense since he did have visits, he just never showed up.) He would send birthday gifts, and christmas gifts. and thats about it. This went on for two years. Then one day out of the blue, I am served with court papers. He filed a hearing to get every other weekend, 2 weeks of christmas vacation (that he will take her out of state) and 6 weeks during summer. He is claiming that he is sober. So we went to the hearing, and he got supervised visits once a month for 3 months. We go back to court in a couple months. The judge basically just handed him everything on a silver platter. He has used drugs, failed drug tests, did not TRY to see her for two years, he owes over 23thousand in child support. And I am doing my best to raise her, support her, pay for 100% of everything for her. And he just wants to waltz back in, like nothing. He can get away with whatever he wants. So does anybody know what my rights are. What would happen if I just said NO. and didn't cooperate with him. Like he does when he wants.

                        Comment


                        • #13
                          Re: my rights as a mother

                          Originally posted by Unregistered View Post
                          I just want to know what my rights are as a mother. Here is my situation:
                          My daughter is 6. I have been married for 2 years. My daughters biological father has been in and out of her life. He used to have visits every other weekend. But then he got heavily into meth. So then we agreed to supervised visits at a park, which were to be supervised by me. He never showed up. He never called. The only contact I had with him was letters he would send every couple months, saying that he loves our daughter and I can't keep him from seeing her. (doesn't make sense since he did have visits, he just never showed up.) He would send birthday gifts, and christmas gifts. and thats about it. This went on for two years. Then one day out of the blue, I am served with court papers. He filed a hearing to get every other weekend, 2 weeks of christmas vacation (that he will take her out of state) and 6 weeks during summer. He is claiming that he is sober. So we went to the hearing, and he got supervised visits once a month for 3 months. We go back to court in a couple months. The judge basically just handed him everything on a silver platter. He has used drugs, failed drug tests, did not TRY to see her for two years, he owes over 23thousand in child support. And I am doing my best to raise her, support her, pay for 100% of everything for her. And he just wants to waltz back in, like nothing. He can get away with whatever he wants. So does anybody know what my rights are. What would happen if I just said NO. and didn't cooperate with him. Like he does when he wants.

                          You best cooperate. As angry as you rightfully are that he's stiffed both father and financial responsibilities...you never know. This may turn out to be a really good thing. Has he failed recent drug tests?

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                          • #14
                            re: single mother and father rights in california

                            the father always has rights If he is on the birth certificate. But you have more rights than he does. If he asks to see the child then grant him that right for if he does not see the child than you can claim neglect. if a court hearing is to occer keep the upper hand at all times

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                            • #15
                              re: single mother and father rights in california

                              Incorrect.
                              An unmarried father has no paternal rights until granted by a court of law, at least in my State.
                              Frankly, the name on the birth certificate is of little significance.

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