Unmarried mother, do I have to allow custody?

[pa6752]

What is the name of your state? Pennsylvania

I am now 9 weeks preg. and the childs father and I are not going to stay together. I asked him to sign his rights away but he refuses. He is both mentally and physically abusive towards me and i'm affraid he will do the same to our child. If i do not include his name on the birth certificate does that mean that I do not have to allow him custody or visitation? I can't seem to find any info. about this....If anyone can help me out could you email me @ [email protected] it would be much appreciated.

 

[nextwife]

OUtside of a marriage, the father has NO legal rights until he files to establish legal paternity. So, unless he establishes paternity AND he files for custody/visitation, you need not allow any contact. If he obtains a court order, then he will have visitation/custody in accordance with the court order.

If he is NOT the legal father, you cannot collect child support from him.

Also, if you file for assistance, the state will REQUIRE the establishment of paternity.

 

[tigertiffany]

Reply to do i have to allow custody??

If you dont put a name on the childs birth certificate that is your right. I wouldnt allow his name on it and if he REALLY wants something to do with the child he will persue it through court after the baby is born. Just sit back and keep your eyes and ears open. Your main concern should be taking care of the baby and yourself right now. If you get served with court order papers then you may need an attorney but i would make him pay for the paternity testing that is usually court ordered and then file legal papers to take all rights away. You will need documentation of the abuse claims as you stated. So I would file police reports if you havent already done that and make a little journal with the date, time, and place any incident has taken place and everything said right before, during, and after the abused insidents. This will give proof that this has happened. But even if you get a police report i would document it in a journal also to have PROOF. The MORE proof you can show the more likely you are to prove all that has taken place and when baby gets here you will have him cornered so to speak. (a judge that is into fairness and all may give him supervised visitations if that but you will have to push hard) You may need an attorney depending how serious it gets.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Pennsylvania

I am now 9 weeks preg. and the childs father and I are not going to stay together. I asked him to sign his rights away but he refuses. He is both mentally and physically abusive towards me and i'm affraid he will do the same to our child. If i do not include his name on the birth certificate does that mean that I do not have to allow him custody or visitation? I can't seem to find any info. about this....If anyone can help me out could you email me @ [email protected] it would be much appreciated.

My response:

You said, "I am now 9 weeks preg. He is both mentally and physically abusive towards me."

Of course, he became that way in the last 9 weeks, right?

IAAL

 

[mywholeworld]

Its funny how a mother, when having the sudden feelings of protection of another being inside of them, becomes more protective than they are of themselves. She may have felt she could handle herself, but now, with someone helpless to protect she epiphanies and realizes she's in a bad situation and needs to leave. I'm glad she caught on to it so soon! You go girl!

 

[Zephyr]

you can't just say, "ok i don't want to be with you anymore, sign over your rights to this baby" it's not a car


document any abuse by making police reports

 

[VeronicaGia]

Until the baby is born, there is no baby, and therefore no father and no parental rights to be taken.

Once there is a baby, until paternity is established, there is still no father, therefore no parental rights to be taken away.

 

[mywholeworld]

PA6752, If its one thing I've learned from this site is that anything can be possible in the courts! But I will address the last post for sheer purpose of letting you know what is possible.
I did retroactively file a police report, and amazingly it worked.
I did keep "secretarial" documentation, and presented to the judge it was received with high regard, and I believe solidified my case.
And I do dream.
To legalcuriosity, FYI your name is not appropriate to your posts.