Unborn Child

[CourtClerk]

Are we STILL having this conversation???? *sigh*

Casa... thanks for holding it down until I could get back.

Look people. In it's simplest terms... maybe ones some of you can understand, some of you just won't. If a child dies in utero at 6 months gestation, when docs go to get the child out of utero, a birth and death certificate are issued. At least here in California. It's considered a viable human being at that point.

Mom gets into a car accident and is hit by a drunk driver. 7 months pregnant. Mom and baby die. Drunk driver is charged with 2 counts of vehicular manslaughter (there is case law).

In CALIFORNIA, you can in fact file a paternity action on either side (by mom or by "dad") while the child is still in utero. There are forms and spots all over the place that indicate that this is in fact an unborn child and go as far as to ask for the expected delivery date. These forms have been in existance since before I started working with the court. If it wasn't legal, SOMEONE would have called it to the attention of the AOC by now.

You are also able to file for CS before the child is born.

Fact of the matter is.... dad was VERY VERY smart in doing what he did. He absolutely protected HIS rights as the presumptive father, as many of you would be telling the woman to do.

It's one of the very few things California got right the first time.

 

[jbowman]

I looked at the TWO forms. The one is for establishing paternity and has the check mark the unborn.

The restraining order on the second form talks about the child. THAT is what I can't wrap my brain around. It is TECHNICALLY, BIOLOGICALLY NOT a child. It is a fetus. Just cuz I put two words together: unborn + child does NOT make it correct to correlate on a second form.

Do you suggest they change the verbiage on the form to say "unborn fetus"? The end result will remain the same regardless of the word usage.

 

[casa]

I looked at the TWO forms. The one is for establishing paternity and has the check mark the unborn.

The restraining order on the second form talks about the child. THAT is what I can't wrap my brain around. It is TECHNICALLY, BIOLOGICALLY NOT a child. It is a fetus. Just cuz I put two words together: unborn + child does NOT make it correct to correlate on a second form.

The bolded above is all that counts. A Presumptive Father filing IS an action to Establish Paternity. And Mom & unborn child STAY in the Court's Jurisdiction pending the Judge's determination.

I have no idea why you are so hung up on the dictionary definition of child, mother OR fetus (aka unborn child). In CA our legal docs refer to 'unborn' child and that is just how it is.

 

[StampGirl]

I looked at the TWO forms. The one is for establishing paternity and has the check mark the unborn.

The restraining order on the second form talks about the child. THAT is what I can't wrap my brain around. It is TECHNICALLY, BIOLOGICALLY NOT a child. It is a fetus. Just cuz I put two words together: unborn + child does NOT make it correct to correlate on a second form.

Ginny,

The two forms go together. The Judge interpreted it for me like this: The two girlies could NOT leave California and I could not leave California because the "fetus in my uterus" is INCLUDED in the restraining order. It prevents women from doing exactly what this woman did: try to make it as difficult as possible to keep the father from being with his child.

 

[Silverplum]

It prevents women from doing exactly what this woman did: try to make it as difficult as possible to keep the father from being with his child.

And about damn time, I say.

 

[casa]

Are we STILL having this conversation???? *sigh*

Casa... thanks for holding it down until I could get back.

Look people. In it's simplest terms... maybe ones some of you can understand, some of you just won't. If a child dies in utero at 6 months gestation, when docs go to get the child out of utero, a birth and death certificate are issued. At least here in California. It's considered a viable human being at that point.

Mom gets into a car accident and is hit by a drunk driver. 7 months pregnant. Mom and baby die. Drunk driver is charged with 2 counts of vehicular manslaughter (there is case law).

In CALIFORNIA, you can in fact file a paternity action on either side (by mom or by "dad") while the child is still in utero. There are forms and spots all over the place that indicate that this is in fact an unborn child and go as far as to ask for the expected delivery date. These forms have been in existance since before I started working with the court. If it wasn't legal, SOMEONE would have called it to the attention of the AOC by now.

You are also able to file for CS before the child is born.

Fact of the matter is.... dad was VERY VERY smart in doing what he did. He absolutely protected HIS rights as the presumptive father, as many of you would be telling the woman to do.

It's one of the very few things California got right the first time.

THANK GOD! I'm about to smash my head on the monitor

 

[ezmarelda]

It is most likely the father to be filed the following forms

http://www.courtinfo.ca.gov/forms/fillable/fl200.pdf
http://www.courtinfo.ca.gov/forms/fillable/fl210.pdf

as you can see on FL210 soon to be mommy should mosey on back to Sac.

Ginny, first off I said it was likley he filed those forms, second it is very possible there is a different but similar form wrt an unborn (not all forms are available on-line)

Why is that so hard to wrap your brain around?

 

[xylene]

try to make it as difficult as possible to keep the father from being with his child.

There is a way to make it easy to keep him away.

Thank god for the women's rights movement.

 

[TinkerBelleLuvr]

Do you suggest they change the verbiage on the form to say "unborn fetus"? The end result will remain the same regardless of the word usage.

An oxymoron (plural oxymorons or, more rarely, oxymora) is a figure of speech that combines two normally contradictory terms. Oxymoron is a loanword from Greek oxy ("sharp") and moros ("dull"). Thus the word oxymoron is itself an oxymoron.

Pretty ugly
Alone together
Deafening silence
Same difference
Jumbo shrimp
Expect the unexpected
Family vacation

I thinking very simply here, so that's probably why I'm having difficulty. A child exists AFTER a birth. Everything said by CC is AFTER a birth.

I give up! Waving white flag in the not-so-warm breeze.

 

[casa]

There is a way to make it easy to keep him away.

Thank god for the women's rights movement.

xylene~ a Child CUSTODY & VISITATION forum is just NOT the place to keep preaching your Abortion beliefs. Yes, I'm Pro-Choice, but WHO CARES?! This child is going to be born. Get over it!

 

[casa]

Pretty ugly
Alone together
Deafening silence
Same difference
Jumbo shrimp
Expect the unexpected
Family vacation

I thinking very simply here, so that's probably why I'm having difficulty. A child exists AFTER a birth. Everything said by CC is AFTER a birth.

I give up! Waving white flag in the not-so-warm breeze.

An UNBORN child.

 

[ezmarelda]

There is a way to make it easy to keep him away.

Thank god for the women's rights movement.

sure 'nuff...keep your leggs crossed

dito what casa said (as usual)

 

[StampGirl]

In CALIFORNIA, you can in fact file a paternity action on either side (by mom or by "dad") while the child is still in utero. There are forms and spots all over the place that indicate that this is in fact an unborn child and go as far as to ask for the expected delivery date. These forms have been in existance since before I started working with the court. If it wasn't legal, SOMEONE would have called it to the attention of the AOC by now.

EXACTLY. My divorce papers, order to show cause for child support etc that were all FILED in July 2001 (lil one wasn't born until Oct 2001) ALL have the expected due date on them!!!!!!!!!!!

Wanna see?? LOL

 

[casa]

And about damn time, I say.

/hijack (the whole thread has dissolved into mush at this point anyway )

Remember the CA case rmet & I helped the Dad on? Mom fled to WA. Mom's parents fought it like HELL. It was one of the few I've seen who fought CA Jurisdiction under Presumptive Father filing. We helped him fight it right back....right back to Mom returning to CA.

 

[casa]

sure 'nuff...keep your leggs crossed

dito what casa said (as usual)

If she starts in again on the late-term (8mos gestation) abortions....I'm gonna puke