unwed parents

[Unwed and wondering]

What are the rights of both parents that are unwed and not living together? Can the father take child and not give child back? What if father is or is not on birth certificate? And if not can he take child from the mother if custody is not established? thank you for your time

State is Califoria

 

[xgumbyz]

my boyfriend and i went through this. he had a child with his ex and they never got legal custody drawn up in court. he was on the birth certificate and the child has his last name. but when she packed up and moved away without his consent the courts did nothing. so if you are a mother then it's good for you and if you area father then it's bad.

 

[Edward]

If the father is not on the b/c then he has no way of proving to the police that he is related to the child.

If I was the mother under those circumstances and this man took the child, I would call 911 and report the child as being kidnapped...

Anyway, the proper way to do this is to petition the courts for custody.

 

[Brigit]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Unwed and wondering:
What are the rights of both parents that are unwed and not living together? Can the father take child and not give child back? What if father is or is not on birth certificate? And if not can he take child from the mother if custody is not established? thank you for your time

State is Califoria<HR></BLOCKQUOTE>One of the parents (presumably the mother) should have gone to court to establish custody of the child. Actually, it should have been done when support, if any, was ordered.If the father is not on the B/C, (please feel free to correct me if I am wrong) then he has no rights to that child. Paternity must be established through the courts. I don't believe that if the father is not on the birth certificate that he can take the child if custody hasn't been established...

 

[newmom]

Just from experience, the courts do not have to be involved to establish paternity. If both parents are in agreeance that the father is the father, all you have to do is go to the Department of Social Services (the department I went to at mine was the offic of child support - this may be different in CA) and fill out the paternity paperwork. Once this is done, the father's name is added to the birth certificate. This, in no way shape or form, determines custody or any child support. That does have to be done through the courts if I'm not mistaken. I agree with the name on the BC being very important in taking a child and not returning him/her.

 

[jamiehugs]

Well, my ex-boyfriend and I have been in and out of court for 5 1/2 years and it is a total nightmare. If you choose not to put the father on the birth certificate, he still has rights to the child as soon as paternity is filed. If he is not interested in having the baby - hooray for you - immediately have documents drawn up to sign all his parental rights away. I did not do this - I forced him to be a father by going to court to make him have visitation. Well, then he got married and his wife got in the business and we have been in and out of court ever since because he wants more visitation and pay less child support. His motives for visitation are all wrong. I am now happily married and have a 10 month old son. My daughter (7 years old) is drug through the middle of her father and I. If I had known then that he could sign his rights away, I would have done it in a minute. It makes more options later on in life for stability and adoption.
I feel that divorced couple go to court once for visitation - when the divorce is taking place. For me not to be married, he can take me back as many times as he chooses. California needs to have better laws with major restrictions.
Good Luck and remember the choice you make now might hurt for a little bit, but it will make the future easier. I learned that the hard way.

 

[newmom]

You daughter's father could not have signed away his rights unless you were married to someone willing to adopt her.
it's not that easy. Also, the father's name gets dded to the BC right after paternity papers are signed. I have not been to court one time about my daughter. CS was ordered without me present, and I understand that if hr does not contest custody and visitation, I will not have to go to court for that either.