does he have rights

Michelle - posted on 07/06/2015 ( 13 moms have responded )

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Ok moms! My kids dad has never seen him. He is 7 years old and the dad isn't on the birth certificate. Does he automatically forfeit his rights by now so I can file for full custody without him trying to fight me for anything??

13 Comments

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Michelle - posted on 07/09/2015

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Good morning ladies so I talked to a lawyer yesterday and Lynette I am not married to him nor have never been married to him. However, the lawyer informed me that I am pretty much screwed and whether or not I see money he has all rights.

Lynette - posted on 07/08/2015

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Hi, just wondering if you were married or not to him? Because the changes if you were married, even if he was or not the father. I went through a similar situation myself and just got divorced one month ago
It took me one year to divorce because the law here is difficult and confusing.

♫ Shawnn ♪♫♫ - posted on 07/07/2015

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So get paternity established (that should have been one of the first things you did 7 years ago), and be prepared to give visitation.
If you want to be on assistance, then you need to follow through on the requirements, even if it means that you actually will have to go to court to get custody, support, and visitation set.

Michelle - posted on 07/07/2015

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Shawn, after he was born I lived literally around the corner and told him and his family that I didn't want their money. Just for them to come see him and they never did. I moved out and moved to a place 10 mins away and contacted them then and still nothing. He told me he doesn't think my son is his in the first place because he ended up with someone else.

♫ Shawnn ♪♫♫ - posted on 07/07/2015

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If you've never actually made an attempt to get him to connect with the child, then he could easily say you did not give him opportunity for contact, which will reflect poorly on you. The best thing to do is pursue the support, get orders in place for custody and allow visitation to happen.
You cannot be on assistance in Colorado without having the father on support.

Michelle - posted on 07/06/2015

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Thank you ladies! Jodi, I think that's the road I am going to have to take. Geneva I am taking your email down and will contact you tomorrow. There is a family lawyer in town I found who does free consultations, so I will contact her and share what info I can get, because I noticed I am not the only person on here looking for similar help. Thanks again ladies but it's bed time for me. Good night and God bless you!

Geneva - posted on 07/06/2015

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its no problem at all. if I could help in some way that's all that matters to me. I wish you the best of luck. if youd like to chat more about anything you can email me at mommyof3.gc@gmail.com

Jodi - posted on 07/06/2015

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If he fights for rights, he could get them. He could argue that you prevented him from seeing his child. He could argue that he wants an opportunity to develop a relationship with his child. It is all feasible. Whether he was on the birth certificate or not is irrelevant. Whether he has ever paid child support or not is irrelevant. You probably should file to establish custody now, before you file the child support.

Michelle - posted on 07/06/2015

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Well I thank you for taking the time to talk at all. This is very scary for me to be honest. Besides death, it's the only thing that scares me lol I just don't want anything bad to happen to my child if he ever got a chance to have no monitored visitation

Geneva - posted on 07/06/2015

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m not fuly aware of Colorado laws on the matter. but in most states being added to the birth certificate does not give him any real rights to the child. they made add him to the birth certificate and make him pay child support. with the fact he has never been in the childs life and never helped pay for things a good judge would just give you full custody. like I said im nit fully aware of the laws there.

Michelle - posted on 07/06/2015

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I am in Colorado but I'm trying to get child care assistance and they are making me go after him for child support and I am afraid he will get pissed and try to fight me for some kind of custody. It just pisses me off that he never willfully wanted to see him and I know I will never see money but he will have rights to my son if I file

Geneva - posted on 07/06/2015

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if hes not on the birth certificate why are you filing for full custody. im not sure what state your in but you might have to prove he is the father then prove he has never been involved in said childs life for 7 yrs in most state that abdomen.

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