daddy wants baby

[jennifer6219]

What is the name of your state? missouri
'
question for a friend

mom and dad are not together they have a 1yr old little girl there is no court order never been to court. mom lives with new boyfriend and is on meth and other substances. Dad has baby every weekend and when he does not have baby baby is at grandmas. When dad has baby and he is holding her bouncing her and patting her bottom she now screams like she is terrified.
Baby screams when mom comes to pick baby up and baby has to leave dad. I know she's only one but is it possible for baby to have reaction this early to bad situations?
The legal question is can dad when he has baby tell mom you cant take her i will see you in court?

[poeypooh]

has paternity been established and were they married?

[jennifer6219]

no they were not married paternity was never established but he is pretty sure baby is his baby looks just like him and we dont think she was cheating then. she has verbally said yes you are daddy and yes his name is on the birth certificate

[poeypooh]

Legally, paternity must be established before he can persue his rights. He can not keep the baby and not return her to mom. If he does he will find himself in a whole lot of trouble. If what your saying is true then perhaps dad should consider calling cps on mom and getting them involved. Dad must establish paternity and file for custody/visitation through the courts. At this stage in the game mom could at any point say that dad cant see the baby until court and there would be nothing dad could do.

[jennifer6219]

can dad take baby and get dna testing without mom knowing and if it proves he is the father then can he keep baby till court date? afterall he would be the legal father moms do it all the time can dads do it to?
the point is baby is in very bad enviorment and dad wants to get her out fast without legal penalties to himself and without mom running cause she will run. basically she does not care for baby she is using baby as a barginning tool to get back to dad

[poeypooh]

no, dad cant take baby for paternity without mom knowing that I am aware of. At this point he has no rights. Also for paternity I believe the mother has to be tested as well.

[Whyte Noise]

Originally Posted by poeypooh

no, dad cant take baby for paternity without mom knowing that I am aware of. At this point he has no rights. Also for paternity I believe the mother has to be tested as well.

o_O

The mother doesn't have to be tested for paternity... only the dad and the baby do. Paternity = who the FATHER is. Maternity = the mother.

Dad can do his own DNA test if he wants. You can even get them online now days. Doing that, and it being positive though, will NOT make him a legal father, only a court can do that. In other words, he has no legal rights to the child until he files in a court to get them.

[poeypooh]

when I went to have a paternity test done for my daughter and her father, I had the test as well. That is why I thought that both mom and dad had to be tested.

[LdiJ]

Originally Posted by poeypooh

when I went to have a paternity test done for my daughter and her father, I had the test as well. That is why I thought that both mom and dad had to be tested.

Actually, my understanding is that it gives more solid results if both the parents and the child are tested. However, its not necessary to test both parents. Paternity can be determined by just testing the father. In fact, DNA tests have become so much more sophisticated that its also possible to determine paternity by testing a paternal relative in place of the fahter.

[rmet4nzkx]

Our friend should ask their own quesiton so they can answer with the facts, until then we are only guesing.

It sounds as if your frined may have signed an acknowledgement of paternity if his name is on or he signed the birth certificate, if so, he may be the legal father already and could then file for custody and visitation.

Your friend should consult an attorney.

If there is any sign of abuse your friend should take the child to the doctor, they are mandated reporters.

Your friend can get a private DNA test to verify paternity, that is done with a swab and does not require the mother, so he could order a kit from the internet and swab their cheecks when he has the child and wait for the results. Normally court ordered DNA tests require all mom/dad/baby to go to a lab for the test so they can verify id etc.

If he is the legal father and there is eminent danger he can apply for emergency custody orders. Your friend should not be surprised if once he petitions the court for custody that mom will not allow visits so he should also petition for tempoary visitation orders so visitaiton can continue, it is possible that mom enjoys the freedom of him haveing the child every weekend.

If there is a question of drugs, he may request drug testing but will also have to submit to testing as well.

[Momto1yrold]

Originally Posted by poeypooh

when I went to have a paternity test done for my daughter and her father, I had the test as well. That is why I thought that both mom and dad had to be tested.

Same thing for mine. I was tested as well.

[Momto1yrold]

Originally Posted by LdiJ

Actually, my understanding is that it gives more solid results if both the parents and the child are tested. However, its not necessary to test both parents. Paternity can be determined by just testing the father. In fact, DNA tests have become so much more sophisticated that its also possible to determine paternity by testing a paternal relative in place of the fahter.

Yeah when I was getting my testing done, I was worried her father would have someone else do it for him a brother etc. I knew he had a brother and her Law Guardian told me that if him and his brother have the same father it would not help him.