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What are my rights as an unwed mother?

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Gracie3787

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

(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.

(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?
According to (4) & (5) above, your child's Father is legally presumed to be the natural Father, which gives him the same rights to child as you.

Father has legal right (not necessarily moral right) to keep you from seeing your child and to file for custody.

Since there was no order for custody, ect. when you let your child stay with the Father (even if meant to be temporary) you willingly gave custody to him.

Now you will have to ask the court for custody of child, however it may be very difficult to explain why you left child with Father for 1 1/2 yrs.
Basically, right now you and Father have equal rights to child, with him having physical custody at this time.
 
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carofl93

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

I vote for Santa Claus!!!! I've never heard of any state in the Union letting a child's voice on who to live with under the age of 12.
 

LdiJ

Senior Member
carofl93 said:
I vote for Santa Claus!!!! I've never heard of any state in the Union letting a child's voice on who to live with under the age of 12.
I have seen a few judges stretch it to 11 year olds...but even that is fairly uncommon.
 

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