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  1. #1
    gjkjgh is offline Junior Member
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    Jun 2010
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    Unhappy A fathers rights....

    What is the name of your state (only U.S. law)? New Mexico
    A fathers rights....

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    Hello, I am not too sure where to post this thread. I am a father of 3 ages 7,3, and 6 months. I am unmarried but have lived with the mother of my children for 9 years. Recently she has expressed to me that she is unhappy with her life and wants a break from it. She isn't sure if she wants the kids, and has stated several times that she is suicidal. We have been having problems for a VERY long time, and I have always just "toughed" it out for my kids and because I always felt I had to take care of her...lately she only wants to be single and go out...she works as much over time as she possibly can and rarely sees our kids. She avoids them as much as she can. I have come to the very hard decision that I cannot live this way any longer and it is unfair to my kids. My question is, do I have the right to move out with them? I am afraid to leave them alone with her, scared of where she will leave them or if she will hurt herself. I just need to know how to get started. I honestly don't think she will fight me on this, I think she may just leave alone. but i would like to get things done legal as soon as possible. Thankyou in advance
  2. #2
    justalayman is offline Senior Member
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    has paternity been legally established and if so, how?
  3. #3
    ecmst12 is offline Senior Member
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    Since you didn't marry this woman before having kids with her, right now you are NOT a father (legally) and have NO rights. You need to go to court to establish paternity and custody before you can go ANYWHERE with the children.
  4. #4
    stealth2 is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    Since you didn't marry this woman before having kids with her, right now you are NOT a father (legally) and have NO rights. You need to go to court to establish paternity and custody before you can go ANYWHERE with the children.
    And how do you know he hasn't established paternity?
  5. #5
    KingFahad is offline Member
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    Apr 2010
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    She is legally Single Let her Find Another...

    I believe if you signed the AOP/BC you are legal Dad but since you are unmarried have to wait for a Judge to legally acknowledge you as Dad.
    But at least you have been able to see them yes?
    -If not then that time lost would be horrible/no price can be put on that- and IGNORANT on moms part -although its her "legal right".
    Good Luck.



    Be Free.
  6. #6
    LdiJ is online now Senior Member
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    Quote Originally Posted by ecmst12 View Post
    Since you didn't marry this woman before having kids with her, right now you are NOT a father (legally) and have NO rights. You need to go to court to establish paternity and custody before you can go ANYWHERE with the children.
    He may be the father legally, but most likely mom is the only parent with any custodial rights, since this is an unwed situation.

    Dad, I would advise you to try to have a sit down discussion with mom regarding your relationship and the children. Since she apparently wants some freedom, she might be ok with the children living primarily with you.

    I do hope however, that you do not plan to take them out of state, because that could give you some REAL grief.

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