Could The Biological Father take my daughter?

Heather - posted on 06/26/2012 ( 12 moms have responded )

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Could my daughters biological father take her if he isn't on the birth certificate?

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Tara - posted on 06/26/2012

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according to an attorney that I spoke to shortly after my son was born (3.5 yrs ago) a father has no rights until paternity is established.

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Veronica - posted on 07/26/2012

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Heather, he has to prove he is her father in order to get her a passport to leave the country. If he doesn't get her a passport it is kidnapping and automatic jail time. Having you sister adopt only one child raises questions as to "Can you afford the other child?" "If so, why can't you afford 2?" "If not, what are you going to do to the other child?" "How old are the children?" "Will they understand what is going on?" "Can you get public aid to help offset costs?" My daughter's paternity was established but custody was not. If I want to establish custody I can but I will have to pay for it. If he wants to then he has to pay for it. And until custody is established or she is 18, her biological father can take her whereever he wants. Though he doesn't have the balls to do it.

Esther - posted on 07/01/2012

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Yep, my children's father wanted to see his son after ignoring his existence for 3 years, but he couldn't go for custody until paternity was determined. I let it all go ahead without much fight (though my gut was tearing me up) because at least then my son had a father, albeit not the best one ever...

Becky - posted on 06/29/2012

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Hiya my sons father nt on his n was told he cnt take him if did its kidnappin n would b arested

Kristin - posted on 06/28/2012

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If you do decide to have your sister adopt the baby the father will then have a chance to fight for paternity and custody. Just because you want your sister to have your child so you can see them he is the father and he has rights the same as yours. Now in saying that if your sister does adopt your child than you had better prepare yourself for some serious sibling rivalry as you stated you can not raise 2 kids on your own so I am assuming you already have one child as a single parent. The child you give up for adoption will more than likely have supreme anger issues towards you in future and the child you already has may also be angry as well that you kept him or her and gave the other one away and they may figure the adopted one has a better life than they did. These are things to keep in mind while making your decision. But I do believe it is the law to establish paternity and that both parents have to sign over adoption papers, if he so chooses to go that route. Also, if baby daddy does want custody and you have started adoption proceedings the courts will more than likely give baby daddy custody as they tend to like to keep the children with at least one biological parent. Also, we have all been in bad situations but maybe you really should consider going on birth control as getting pregnant on a 2 day fling and not keeping the baby is not good, and then you will never be in this situation again.

Heather - posted on 06/27/2012

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He hasn't made threats when I had told him I was considering letting my sister adopt our daughter because I'm in no state to be raising two kids, he said "well if i wanted to in a few years i could take your sister to court and get my daughter." But when I asked if he would honestly do that to me he said "no im not an asshole" But then again I barely know him and when I got pregnant it was like a 2 night fling which wasn't planned (lol) If he took her I would never see my daughter but if my sister adops the baby I will always see her and be in her life as much as I want,can, and need to be since im living in the same house hold.

Michelle - posted on 06/27/2012

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If he's not on the birth certificate it would be very difficult to do without being on the birth certificate or having any affidavits from you. You might consider why you think he would do this, has he made threats? If so I'd deny him any visitation whatsoever. Of course that means he would then probably sue for them in court but then you have a real chance to lay everything out.

Heather - posted on 06/26/2012

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Well my daughters biological father is from france and has been here for maybe a year now and im afraid he might grab and flee the states.

Brittany - posted on 06/26/2012

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Not without proving he is her father, which he could do by taking you to court. Otherwise I don't believe so.

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