ongoing divorce; what are his rights to my daughter who was born before the marriage?

[urfavcowgirl]

What is the name of your state (only U.S. law)? Nevada

I am going through divorce. My daughter was 8 months old when we married. I need to know what rights he has if any. He has been nothing but a headache to us, I tried to be civil and sent him a form to establish paternity but he will not sign. He does not pay child support and is jobless, as well as homeless. He Smokes pot all day everyday if that has anything to do with any of this and he lives in California at the moment. I need to know because I have grown tired of trying to meet in the middle with him and would like to just completely write him off. I know probably not the best sounding thing to say but he dos nothing to benefit her life. I don't even care about the child support if I can just get him away from us. he has a violent temper, and I have witnesses to this. Also pictures of my daughter coming back after visiting with him absolutely filthy.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Nevada

I am going through divorce. My daughter was 8 months old when we married. I need to know what rights he has if any. He has been nothing but a headache to us, I tried to be civil and sent him a form to establish paternity but he will not sign. He does not pay child support and is jobless, as well as homeless. He Smokes pot all day everyday if that has anything to do with any of this and he lives in California at the moment. I need to know because I have grown tired of trying to meet in the middle with him and would like to just completely write him off. I know probably not the best sounding thing to say but he dos nothing to benefit her life. I don't even care about the child support if I can just get him away from us. he has a violent temper, and I have witnesses to this. Also pictures of my daughter coming back after visiting with him absolutely filthy.

Is he the biological father? If not, why would you wish to commit fraud?

 

[urfavcowgirl]

Is he the biological father? If not, why would you wish to commit fraud?

Not trying to commit fraud he is the biological father but there is no legal evidence to this as his name is not on the birth certificate. He tells me he has no doubt that that she is his but he wont sign the paperwork because he doesnt want to pay for anything.

 

[Proserpina]

Not trying to commit fraud he is the biological father but there is no legal evidence to this as his name is not on the birth certificate. He tells me he has no doubt that that she is his but he wont sign the paperwork because he doesnt want to pay for anything.

Without a court order, he is not required to pay you child support.

File to establish paternity. If he turns up, great. If he doesn't - and this is assuming that you'd make sure he was properly served - then he'll likely end up named as the father by default.

If things are as bad as you claim, why are you taking photographs instead of ... well, doing anything else?

One other thing. You're sick and tired of things now? You need to accept that if he does want to be an active father, he'll eventually progress to overnights, weekends and full weeks during the summer - if you don't, you're going to have a really miserable 11+ years ahead of you.

The other option is to simply not do anything. Of course, you give up child support, but if he wants to he can file to establish paternity and custody himself.

 

[Proserpina]

Ah. Here's the hiccup:

he hasnt done anything the whole 6 years she was born i was the only one working, taking care of her etc. The only thing I feel he really did is "babysit" while I was...

He's just set himself up to be primary caregiver and have you pay him child support.

 

[Ohiogal]

You can establish paternity during the divorce. And parents do NOT babysit their children. They parent. End of story.

 

[stealth2]

What is the name of your state (only U.S. law)? Also pictures of my daughter coming back after visiting with him absolutely filthy.

Huh. I always figured a child who came home filthy probably had a really good time. Presumably, you don't leave her with this horrible, drug-smoking, violent person for days and days at a time. If you have, then you're telling everyone - including the court - that you are satisfied with the lwvel of care he provides.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Nevada

I am going through divorce. My daughter was 8 months old when we married. I need to know what rights he has if any. He has been nothing but a headache to us, I tried to be civil and sent him a form to establish paternity but he will not sign. He does not pay child support and is jobless, as well as homeless. He Smokes pot all day everyday if that has anything to do with any of this and he lives in California at the moment. I need to know because I have grown tired of trying to meet in the middle with him and would like to just completely write him off. I know probably not the best sounding thing to say but he dos nothing to benefit her life. I don't even care about the child support if I can just get him away from us. he has a violent temper, and I have witnesses to this. Also pictures of my daughter coming back after visiting with him absolutely filthy.

You have grown tired of trying to compromise. Guess what? If he is her father, you will be dealing with him forever. He does nothing to benefit her life -- he is her father and apparently "babysits" her. Really? Do you need any state aid? Pot is not a big deal usually.
How many times have you called the police due to his temper? How many times have you followed through on domestic violence charges against him? Who are your witnesses and what did they witness?

 

[Just Blue]

https://forum.freeadvice.com/child-custody-visitation-37/harassing-husband-divorce-child-laws-606584.html

 

[Ohiogal]

HOw many threads is she going to start?

 

[Just Blue]

HOw many threads is she going to start?

Probably as many as needed to get the answer she wants.