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What are my rights as an unwed mother?

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legalquestion

Guest
What is the name of your state? NE

I am a single mother with a 7 year old daughter. The father of my child is sueing me for sole custody of my child. He did sign the birth certificate, but paternity has never been established. We have always been able to work out visitation and money issues. We decided that we would both have equal rights to our daughter. I moved to California a year and 3 months ago and left my daughter with her father with the impression that it was a temporary situation until I got on my feet and at that time she would live with me in California. I recently decided to move back to Nebraska and the father will not let me see my child. Now that he has filed suit what are my rights?
 


stealth2

Under the Radar Member
Well, you're going to be in for a tough ride. I'd personally suggest hiring a lawyer and counter filing for custody. But since you chose to leave her with him, you're going to have a time convincing a judge to uproot her.
 

LdiJ

Senior Member
stealth2 said:
Well, you're going to be in for a tough ride. I'd personally suggest hiring a lawyer and counter filing for custody. But since you chose to leave her with him, you're going to have a time convincing a judge to uproot her.
I agree, however that doesn't mean that a judge would give him sole custody either. Sole custody is rarely ordered these days.
 
L

legalquestion

Guest
Legalquestion

Let me ask you this. Since Paternity has never been established, do I have the right to get my daughter? thanks
 

LdiJ

Senior Member
legalquestion said:
Let me ask you this. Since Paternity has never been established, do I have the right to get my daughter? thanks
The fact that he signed the birth certificate may have established paternity. (each state is different). The fact that you are an unwed mother might give you defacto sole custody (again, each state is different). On those two issues you would need to consult a NE attorney.

However, its also possible that if he has already filed for custody, that you may be restricted at this point from doing anything except through the courts.

You really need to get a consult with an attorney.
 

stealth2

Under the Radar Member
LdiJ said:
I agree, however that doesn't mean that a judge would give him sole custody either. Sole custody is rarely ordered these days.
Primary residential is a very strong possibility, tho.
 
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PhyberDragon

Guest
The purpose of Paternity is to establish a legal biological father of a child to secure a childs rights (medical, legal, emotional, inheritance, etc.) with relation to their father. As such the process of Paternity gives a child a legal father on their Birth Certificate (or an Amended form thereof). Since, as you assert, he has signed the Birth certificate, and clearly you have not objected to such signing in a timely manner, and I would assume none else have come forward to contest his claim of parentage- or to assert that another potential father exists, it may only be concluded that he is the natural, legal biological father of your child and therefore Paternity has in fact been established (and via the registrar of Vital Statistics, registered with Nebraska as such).
Second, as not enough information is given in your Comment, I can only assume that you have had little or no provable contact with your child in the time period since your departure, therefore it may be possible to deem that you have willfully abandoned that child with the father making it more difficult to disprove your fitness as a parent.
Additionally, your willful leaving of the actual physical possession of your child with the father (or anyone else, for that matter) constitutes a voluntary waiver of your superior rights as a parent- his attorney may proceed down this avenue. If so, God be with you.
The court shall determine the custody of the child
according to the best interest of the child, weighing the
superior rights of a biological parent who has been found to be a
fit, proper, and suitable parent against any detriment the child
would suffer if removed from the custody of persons with whom the
child has developed a substantial relationship. At any hearing to determine a biological father's parental rights to the child, the court shall receive
evidence (signed and uncontested Birth Certificate) with regard to the biological father's actual paternity of the child and whether he is a fit, proper, and suitable custodial parent for the child. By leaving the child in his care and custody you have furthered the assertion that he is fit and proper- if indeed you are to be considered fit and proper to make such a decision, further hurting your cause.
Other relevant factors against you may include, in addittion to potential abandonment if the Court deems your reasoning is not reasonable; that such such willfull departure may indicate you are not a fit and proper or suitable custodian by act of your own volition, especially if you have not contributed financially to support of the father and child; and if the father recieves public assistance for the child he will be entitled to state resources in the matter, whereas you will not.
It is my regretful (if spitefully humorous) privelage to welcome you to the world generally reserved for unwed Wallets... I mean fathers. Doubtful you will have a prayer, the most economical (although non emotionally rewarding) position you may take is to leave well enough alone before the Cabinet for Health and Human Services get involved- then you can look forward to sheer hell and unmerciful pusuit of all you own and hold dear. Don't take my or anyone else's word for it. Contact the attorney's in your area, you'll find that basic fees for Custody disputes range around $30,000- that's without the additional expenses that could be incurred if contested by the father, with the loser- usually the noncustodial parent liable for both parties fees, plus child and/ or medical support on top of the taxes you already now pay. Just read the stories of non custodial parents as a whole anywhere online or in other media. I regret to tell you- the Tender Years are over, now is the Painful Age. Not to say you can't win- there's always unique exceptions, but realistically odds are high- very high- that you you may have already lost by leaving. Your act has surrendered the higher ground generally enjoyed by by all mother's and loathed by father's. I congratulate the father here on his victory, while I lament the mother on her loss.
It is what it is. See reality as it is and not as you wish it to be. You are there, your child is with him. Unless you prove him a monster, it will not change. You may have visits, but it will come at a steep financial and privacy-relinquishing burden upon you. It doesn't have to be this way. But just look at what it is right now- do you really expect to be able to change it without a fight?
Good luck to you, I hope some of this has helped. By the way you can find more in Chapter 43 of Nebraska Statutes- even the adoption rules will give you an insight into what the Courts generally consider as a whole. remember, your surrender of Custody has already determined your wishes for custody as a parent.
 

BelizeBreeze

Senior Member
A man is presumed to be the natural father of

(1) a child born to his wife, or within 300 days after termination of the marriage,
(2) of a child born to a woman with whom he had an invalid solemnized marriage before birth,
(3) of a child born to a woman he formally married or tried to marry after birth, if he acknowledged the child, agreed to be named on a birth certificate, or signed a support agreement,
(4) of a child he recieved into his home as a child, and
(5) of a child he formally acknowledged without object from the mother; clear and convincing evidence is required to rebut these presumptions of paternity.

§4. The child, natural mother, and presumed natural father (1-3 only) may bring a paternity action to establish paternity any time, or to disestablish paternity within five years from birth; and anyone may sue to establish or distablish presumed natural father status (4-5) anytime.

§6. A paternity action against one who is not a presumed father may be brought at any time by the child, PR of child, mother, PR or parent of mother, paternity claimant, his PR, or the state. Id. Paternity suits should be within three years of birth, but the statute of limitations does not run (except as to estates and intestacy issues) until the child turns eighteen.
§7. Jurisdiction and venue are provided, and having sex in the state submits a party to long-arm jurisdiction.

§8. Blood tests by court-appointed experts shall be ordered on request, and a party may demand independent testing.

§11. The case is tried to a judge without jury; evidence of sexual access by an unidentified man or by someone at another time is inadmissable unless offered by the mother, and evidence by a non-party man that he had sex with the mother at the time of conception is inadmissible if blood tests exclude him as the father.

§14. Costs, including attorneys fees, may be awarded.

§16. Maternity actions (to establish or disestablish) are also provided; "any interested party" may file such action, and "as far as practical" the paternity procedures apply.

(These states are Alabama, Alaska, the District of Columbia, Florida, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Maine, Mississippi, Nebraska, Nevada, Oregon, New Mexico, Pennsylvania, Rhode Island, South Carolina, Utah, and Virginia. Each of these states has legislation incorporating the basic federal provisions for rescission and challenge. However, there is no detail in their paternity or vital record statutes describing how the process operates. Some of these states might have processes established through regulation rather than statute)

Now, since the child is 7, does anyone want to tell this woman the REAL answer?
 
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PhyberDragon

Guest
Sure, since the child is 7, it may- in Nebraska- be permissable for the child to choose the custodial parent.
 

stealth2

Under the Radar Member
PhyberDragon said:
Sure, since the child is 7, it may- in Nebraska- be permissable for the child to choose the custodial parent.
Uuuh, no. Children that age do not get to choose. Try again.
 

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