does the father have rights if..?

Kim - posted on 02/18/2010 ( 20 moms have responded )

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my son is 2 months old and his father is mexican, i just found out that he is illegal alian, so does he have any rights? can i keep him from coming over to see him?

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Samantha J - posted on 11/13/2012

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wat if a nother man is on the certifcate in ohio will the real father still have to pay suport when the dna comes bake as his

Karina - posted on 10/07/2012

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i have a question ok i had issues with my baby's daddy and now he's keeping them awaay from me is that right? also can he get custody of them even if he's not from here. and also im the one working and going to school to support my kids please help me

Heather - posted on 03/21/2010

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On a different note, my two children were made out of love with an undocumented worker. We lived in New Mexico and He worked as a Chef in Santa Fe, 12 hours a day, 6 days a week, to support us while I was in Nursing School. Durring the presidential debates, when undocumented workers were a hot topic, he was driving the hour long drive home from work and was pulled over by the police. Instead of just giving the State Patrol his real American drivers liscence and insurance document, he panicked and lied. They found out, threw him in jail for 9 months, and then deported him for life in Feb 2008. I miss him and so do his children, my family and everyone who knew him. This is sooo sad to me. We travel to the boarder every 6 or 8 months to see him. Pure torture. ~h

Laurie - posted on 03/19/2010

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hey I did some checking on this. In MI you would still be able to get child support the court doesn't care if they are legal or not. So you need to contact them to get that whole process started. With that though they will also let him ask for visitation and will most likely grant it. You can tell them about any fears you have to try to make sure it is supervised.

Laurie - posted on 03/18/2010

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I put my daughter's father on her birth certificate, but I still get a say in weather or not he can have visitation since we're not married and weren't when she was born. In MI the father doesn't get visitation unless the mother agrees to it or the father goes through the courts to request a visitation schedual. Being that he is here illegally I doubht he will take the steps in the court. I would guess that if you told him you wanted child support he would be wise to go with it so you don't call immigation. You have great power over him since I am guessing you are a legal resident and he isn't! I wish I had that much power over my daughter's father, but he got his residentcy 2 days before she was born.

Brittany - posted on 03/08/2010

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I have been through something similar. My daughters father isnt American. He had no rights until I requested child support. And because I requested the support - I HAD TO put his name on the birth certificate - and now he has visitation and rights.

Kim - posted on 03/08/2010

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ok, ty...but seeing how he isnt legall, is there no way i can get child support?

Lisa - posted on 02/20/2010

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It depends on the state that you live in. I live in Ohio and if your not married the father has no legal rights but is required to pay child support (if you request it) In Ohio if a father wants rights to his child he has to take it to court and ask the judge for visitation rights. The judge decides if it's better for the child if the father has visitation rights or not. Seeing as how he is not here legally he is not going to want to take you to court, second of all a judge probably is not going to grant any type of visitation rights to a father who is not here legally.

CARRIE - posted on 02/20/2010

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Actually , hes not on the bc so he has no rights unless he acts upon them. Like takin you to court, or getting a lawyer to get custody, but best of all he is illegal to be here.
REMEMBER WHAT I SAID................YOU ARE IN CHARGE!

Zulma - posted on 02/19/2010

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DOES HE HAVE ANY TYPE OF RESIDENCY TO BE IN THE STATES IF NOT. THEN IT WILL BE YOUR CHOICE IF YOU WANT HIM TO SEE THE BABY. WETHER IF HE IS NOT LEGAL OR NOT. HE HAS RIGHTS . HE IS THE FATHER OF YOUR CHILD. BUT IT IS UP TO YOU AND DECIDE .

CARRIE - posted on 02/19/2010

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1- Thank god his name is not on the bc.

2- They always have to come up an excuse or blame someone else for his actions

3-If you are that scared...... and i mean scared, then fuck that shit and stay away.



Listen men and women both pull crazy shit when it comes to their kids. My daughter(Jewel) father started the deniel shit and had the ball to kick me out of our home. Jan.1 2009 till now, i live with my parents. Asswipe didnt come into the pic till she was 5 months. Whats the greatest? He thinks he can get full custody. hahhahah OOOOkk

DO NOT CALL HIM!!!

Kim - posted on 02/19/2010

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ty you all that is helpful, but no he isnt on the birth certificate, and just till about a week ago he said that alex, my son, wasn't his and he wanted nothing to do with him. We were never married and he is a violent drunk now. I let him see alex once so far but i just dont feel right having him over or even holding alex for some reson...

CARRIE - posted on 02/19/2010

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I just went through the same situation. My childs father decided he was not going to give her back to me. he had her on the weekend , got mad at me, and said " im keeping her". Holy shit my heart dropped. HE IS NOT ON THE BIRTH CERT. HE JUST CAME INTO HER LIFE. NO CHILD SUPPORT. He just got lucky i have a heart. Well i went to the cops, judge, and dss, and found out EVEN THOUGH HE IS NOT ON THE BIRTH CERT, I ACKNOWLEDGE HE IS THE FATHER. THERE FOR, UNTIL I GO TO COURT, HE HAS EVERY RIGHT UNTIL A JUDGEMENT IS MADE.

ALSO, YES YOU CAN TELL HIM TO LEAVE YOU ALONE! ON THE OTHER HAND IF YOUR THERE TO SUPERVISE, LET HIM SEE HIM. Girl you are incharge remember that.

Claire - posted on 02/19/2010

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i dont now u would have to ask the illegal immergration and they would help u to sort out this proplem out and i would get legal advice to from a solicitor

Danielle - posted on 02/19/2010

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I live in Tennessee and if the father is listed, whether you've been married or not, he has the right to petition for visitation and the such. Now, with him being an illegal alien, the likelihood of him petitioning a court is slim to none. You just have to check the laws where you live. Another, most attorneys will meet with someone and do a free consultation. My advice would be to contact an attorney in your area and ask their advice on the situation.

Meghan - posted on 02/18/2010

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hmm. I live in canada and my ex has a VERY bad temper and abuses drugs and alcohol and they have pretty much said (and have heard this from other mom's that have similar circumstances) that a father has the same rights you do as long as the child isn't in immediate danger while with them. I would suggest getting in contact with a lawyer ASAP and getting something started within the court systems expressing your concerns

Lisa - posted on 02/18/2010

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Are you two married? I live in california, and I know that here the father does not have legal rights at all if you are not married or if there is not an order giving him visitation. Im not sure what his citizenship status does for cases like this, but I would imagine it would make things very tough for him to take you to court for visitation rights. also, in response to what the other poster said, my daughters father is on the birth certificate, but he has no legal rights because we were never married and he does not have court ordered visitation rights, but again this may be different in each state.

Jenna - posted on 02/18/2010

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Hmmm, that's a tough one. Did he sign the birth certificate? If you want to keep your son away from his father, then you can always call your local immigration offices. I'm not really sure what kind of rights he has to your son, but I would talk to someone in legal aid or something...because if he's on the birth certificate then you may not have any choice but to let him see the baby. I don't know. I'm sorry.

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