Father

Updated on November 22, 2010
K.E. asks from Cartersville, GA
7 answers

Can a father get rights to a child that he has never been their for or never seen?

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.S.

answers from Las Vegas on

Sure he could. He may have to prove he is the father, but he is entitled.

E.K.

answers from Seattle on

Unfortunately, yes. Unless the parent has waived his legal rights to the child, he can come back and seek custody. That doesn't mean the courts will grant it, especially if the other parent has stayed involved. My advice? Get a good lawyer.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.M.

answers from Atlanta on

If paternity tests prove he is the father and there is a court order, then yes, he can rights to see the child, unless you can prove he is an unfit parent.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.R.

answers from Kansas City on

Yes, unless his parental rights have been taken away from him. Double check with an attorney in your area because laws could be different in your state. It also may depend on the child's age, but I'm sure he would still have rights to the child. He would probably have to prove his paternity through a DNA test before any contact with the child.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

G.B.

answers from Tulsa on

If he is the birth father he has just as many legal rights to the child as the mother. Unless there is formal custody court papers stating what his visitation is then he has the right to take that child anywhere he wants.

I went through this with my daughter and her boyfriend who she lived with for several years. He was on the birth certificate and he was the legal father. Child care could not deny him his child if he came to pick him up. They could take their time and call the police and hope the officer would intervene but they had no legal papers to show the police and the officer had no legal choice but to let the dad take the child.

So, if your child's father wants to see him get to court and get it defined and in writing, asap.

B.C.

answers from Dallas on

My daughters bio-father never wanted anything to do with her and never once supported her. When she was 4, my hubby wanted to adopt her. I still wanted his back-support for the last 4 years (could've paid for some of her college!) but his lawyer threatened that if I wanted the back support that he wouldn't give up his rights and that he'd fight for visitation (wouldn't have likely happened, but I didn't chance it). I let him go on it so that he'd just give up his rights for her. So, yes, they can fight for it, but that doesn't mean they'll get it.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.B.

answers from Tulsa on

Yes and in some states, so can his parents. How nuts is that?
Your best bet is to get his parental rights terminated. You must have an attorney.

For Updates and Special Promotions
Follow Us

Related Questions