What rights does a father have to a baby if the parents were never married?
My friend is going to have a baby and she doesnt want the father in the childs life because he has a very bad background and he wants the child every week and has diffrent women in and out of his parents home or were ever he may be staying at . He says he wants to be in the childs life but she doesnt want him around at all, do you think a court would agree to share those rights with him eventhough she is not for it at all?
- 1 decade agoFavorite Answer
A father has just as many rights as the mother. I have to appologize in advance because I just have to assume when I hear stories such as this one that the mother is thinking only of herself. Usually, when this happens, the mother is using the child as a weapon against the father. This hurts the child far more than the father having different women around every week.
I hate to be too critical, but I am frankly quite tired of seeing this crap. Mom's are supposed to be the all mighty, and always doing right by their children, yet . . . I constantly hear things like this.
Ask yourself this. What would your reaction be if the father said he wanted his child to have NOTHING to do with her!? Just because one of the parents is trying to make this happen, doesn't mean it's better just because it happens to be the woman. It's just as much his child as it is hers.
The only circumstance I would agree with this is if there is abuse. Not to the spouse, but to the child. Really, it doesn't matter how she is treated by him. What matters is how he treats his child.
- ?Lv 51 decade ago
The father will more than likely be granted joint custody if he asks for it. However, this doesn't always have to be utilized.
Whoever has placement is key. If the father wants visitation - in a newborn baby, he will more than likely be granted "reasonable times with reasonable notice." This is, reasonable for the mother. And, the father has to give reasonable notice to the mother.
The father also has the right to claim the child on his tax return. This is done in most family courts, because it is thought to help the father get a refund to help pay back child support dues.
No matter the background, family courts will always believe that both parents have the right to see the child. Unless it is a proven rape case. Or, if the other parent is a proven domestic violence abuser. In DV cases, visitation is then set up to be at designated 3rd party places, usually called "Parents Place" or along those lines. This probably will also differ by state.
If he goes for placement, then the mother should request a home study, a drug test, and a psychological profile. And even then...there is no way to keep him away.
Tell her to remember one thing. Never shoot him in the back. It's impossible to rule self defense then.
- Barry GLv 51 decade ago
Well lets start with he has rights and if she takes him to court for support there will be visitation given. Unless she can prove that it is unsafe living conditions then he would still spend time with the kid but it could be made to be supervised visitation. Now it will completely be up to the judge hearing the case. As for weeks with the kid it is usually unheard of. He may get every other weekend or twice a week. It really all depends. Tell your friend that unless he takes her to court or she takes him to court then she makes the rules until then. If neither go to court then she can't expect support and he cant tell her how or when he wants visitation. If there is never any money exchanged he cant claim the baby for anything. Then the ball lies in your friends hands.
- 1 decade ago
Well the father has almost just as much rights as the mother and he could take her to court and get temorary custody no matter if they have never been married or not.But if this guy has a very bad background like a felony and if she can get a witness that says he has so many women in and out his house then she has a good case.She could take him to court and file for sole costody and no judge is stupid enough to give a convicted felon a kid.Tell your friend good luck
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- 1 decade ago
YES THE COURTS WILL make her share custody but he will have to clean up his act because if she reports to the courts everything he isdoing now and his bad background he will be looked into and will be watched. if later the courts fing evidence that he is unfit to have visitation on his own thenshe can request supervised visitation and that means he will be allowed so many hours w/the child and the child cannot spend the nights with him.besides i believe that if you know that sex can lead to making a baby and you dont' use protection --the mother or the father -then you are asking for a child so therefor don't be suprised when you have one --if youcannot afford birthcontrol or condoms -then you defintely cannot afford a child--if you have one then do the best you can but both parents need to support the child.IF YOU DON'T BELIEVE IN C.S. BECAUSE YOU WERE NOT MARRIED THEN YOU SHOULDN'T BELIEVE IN SEX EITHER!!!!!!!!!!!!
- FaerieWhingsLv 71 decade ago
The most she could get is supervised visits. She really has to prove that this guy is going to abuse and/or neglect the child before a judge doens't let him see the child.
She has a right to a DNA test to prove he isn't the father. But I guess she's 100% positive. There isn't much she can do legally.
- Fallon VLv 41 decade ago
The father has the same rights as the mother. She can not legally keep him away without going to court.
- 1 decade ago
The court will most likely rule that she has to share custody unless she can prove that he is unfit to be around the baby. It's pretty much on her to prove whatever allegations she brings up or the court may disregard her concerns and rule that they share custody.
- 1 decade ago
If they find him to be a fit father then there really isn't anything she can do. If the court finds him to be a fit father then they will grant him partial custody. If she has anything that will show he is unfit then she will need to bring it to court.
Not to be mean, but she should have thought about his past before she slept with him and conceived a child.
- 1 decade ago
it is wrong of her not to involve the father unless he poses any risk to the child. it takes two to make a baby and she was quick enough sharing the experience with him. if she feels genuinely uncomfortable then she should allow supervised visits just until the father has proved himself worthy of her trust.