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My child's father is getting out of prison soon, and I need to know if he's able to file for full custody??
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My child's father is getting out of prison soon, and I need to know if he's able to file for full custody??

He's in prison for revoked probation, but he was on probation for assualt. His name isn't on the birth certificate, and there has been no DNA test to prove paternity. I just want to know if he can make me put his name on the birth certificate after proving paternity, and start a suit for full custody.


    




Somebody
~~it is possible for him to get the courts to allow him the right to DNA testing, and it is possible for him to petition the courts for custody, given your age the courts would also ask your opinion of the situation, but his chances of winning are about the same chances an icecube has for survival in the sahara desert~~


A M
I work in for Family Services in the state that I live in and all I can tell you is what I know usually happens..the court wants what is in the best interest of the child. Most judges would not think that placing a child with a father who just got out for assult would be in the best interst of the child.

Yes he can petiton if he wants but he , in my opinion, does not stand a chance for full custody. Supervised visits, maybe but I doubt the court would award him full custody. Get the advise of a lawyer so that you are aware of your rights and how to proceed with this issue.


dvz
Rating
Naw, but you can go to the public defenders office and they will tell you for sure..

If his name is not on the Birth certificate, I doubt if you have any problem.

Again, Contact your public defender's office. The should be able to tell you what you need to know.


leoiswatchingu
No as per law if the Father or Mother has any crimal background he or she cannot take custody of a child


JFLY
If he's in prison, I HIGHLY doubt he will get custody when he's released. You have more than enough proof that he's not cut out to be a full-time father. In fact, if I were you and he asks for visitation rights I'd insist that they were supervised by someone appointed by the court. Contact a lawyer who specializes in these cases...laws vary from state to state.


mike g
you need a lawyer, but he wouldnt be able to get full custody.


Crystal C
Yeah, he can go at it full force.... but his chances of winning.... ZERO! You've got nothing to worry about...


akablackbetty
Rating
he can get his rights to the baby, like vistation and paying child support, but if your a good mom, dont worry about him taking the baby. especially since he has a record.


bravehearted33
No way in hell, you can prove to the courts that you have been the life line,shelter and support for that child he dont have a chance, I hope your records clean!


holygrail Kniggit
Rating
no. it doesn't matter if his name is on the birth certificate or not. he can't change it and he get get fukll coustody because you raised and are raising the child so u pay for insurance. and once he was sentenced his assult is on record. the court checks for every adults record before they even set the case for custody


joy ride
Rating
you need to get a lawyer and protect yourself...talk to your local district attorney and see if you can collect child support when he gets out of jail...in california you can!


fr_chuck
Rating
Yes he may sue for a DNA test to prove if he is the father, he may sue in court for child visitation, he may sue for joint custody, he could sue for full custody.

It is all up to how much he can spend on attorneys to do all of this, how much time he has to do this

Now it is unlikely he will get full or even joint custody, but it is likey he could get some realistic visitation rights


SpArKy
Rating
Unless he can prove your a un-fit mother you have nothing to worry about and even if he does try to sue for full custody 9 out of 10 times custody will go to the mother I mean he whould have to prove your an unfit mother=you neglect your kid, no food in the house, no clean clothes, a un-kept house, etc so don't worry sweetie and best thing you have going for you is he is a ex crinmal, they usualy never give custody to a ex-felon, so don't sweet it!!! no need to worry about a lawyer yet!!


sassyk
Go to court and file for full custody of your child. If you aren't married that is. Once you do this, he can't do anything.


loubean
Rating
He can do whatever he wants...and scarily, he could be successful. This doesn't mean he will be. Has he ever had contact with your child? If it has been more than two years (that is the limit in most states, Florida I think is one year-check to be sure) then if he files, you can countersue to relinquish his parental rights on the basis of abandonment.
As long as there is no court order currently in place, and he has no parental rights to the child, is not listed as the parent, etc. there is no reason you cannot move....and leave no forwarding address. If you fear this guy, and think he will make things difficult for you and your child..more than any good he could do as a father...then consider it. It is scary what can happen when you get in front of a judge...

p.s. I am not trying to scare you...I am just being realistic...I read the answers on here, and I don't know how many of them are accurate...people and their lawyers are very capable of twising facts to make you look bad....if you really don't want this guy around...don't let him find you for awhile.....I am not being silly, but looking back, I would have been long gone, and way better off. On the other hand, if you think he could be a good father...then why not give your child that benefit? You know the situation, not me.....best of luck to you!

check out noni's answer....she is right...I have seen it happen before too...


loving father
Rating
He can't make you put his name on the birth certificate, but he can file with the courts to determine paternity, and ultimately file for full custody. YOU can take a proactive stance here though, by filing for a restraining order against him to be active from the time of his release. Find an attorney and discuss your options with them. Good luck!


carlaerickson
Rating
wow i don't think a man like that would even bother to fight that hard to get his children back. if he ever got his foot in the door... all you would have to do is prove you are a good mother and this man has a history of violence.
i'm not an expert in american law, but i really don't think he has a chance. keep your kids as far away as possible from him, too!

god bless and keep being a good momma:)


catmanbigwil
Unless he can prove that you are a completely unfit mother, there is no way any judge is going to give custody of a child to an ex-con while its mother is still alive.


$0.02
yes he can peitition the court. That is his right, but I doubt he will win.


Dick Skinner
He'll be able to FILE, sure. But the likelihood of him succeeding is less than of him winning the lottery 3 times in a row. Especially with the details ya gave in your question. Honestly, ya don't have anything to worry about.


mjaple
Sure, he can try but he'll NEVER get close to custody in less you become an axe murderer and he can build a time machine and go back and correct his history. Don't worry, the closest he'll get is supervised visitation and that is IF he pays child support ON TIME.


regjazz11
Rating
No you're okay


dark_storm73
There are always lawyers who will take his case, but the honest ones will tell him it's not worth it. You would have to really be in a bad position to lose custody to a criminally violent man who got his probabtion revoked. He could have a paternity test ordered and his name put on the birth certificate, and maybe even get visitation (though you could point out his recent history and the fact that he's been out of your child's life-- that could be psychologically detrimental-- and get supervised visits) but custody would be a real long shot... at least right out of prison. Even if he got all of that done, he would them be liable for child support, and a convict isn't going to have a lot of money with the limitations his criminal history places on the job market for him. So that means he will probably not want to pay it, therefore it wouldn't be financially beneficial for him to pursue a custody case that he most likely would lose, but get the child support stuck to him for his efforts.


celine8388
Rating
He can request a DNA and if he is the father then he has every right to be put on the babys birth certificate....as for full custody he may have alot of trouble doing that because of his prison record...good luck


mcfly878
No way will he get custody, your safe don't sweat it!!


Doofus McGoofus
He will be able to file, the question is will he get it?
Doubt it. The question is should he waste his money,
or yours?

I think not.

You have nothing to worry about.


michelle b
He can file all he wants, let me just tell you, that when U are in a custody battle the judge does not care about you, or the father.. what he cares about is the child. So if he has been in prison for assault, do u think the judge is going to give your child to him? I don't think so, It is in the best interest of the child to stay where he is.. as long as the child is being well taken care of. It is stability. Like I said he can take u to court all he wants,, it just dosent mean he is going to get what he wants. Good luck to you!


calgal
only if you are an awful mother, NO court will give a criminal a child over a good responsible parent!


dumpweed219
I think you're asking the wrong question. What you should be asking is "Where would I obtain high powered assault rifles and ammo?"


Jean the Bean
He can file for anything. It doesn't mean he will get it, but it does mean it can go to court if he can get a lawyer. The best thing you can do at this point is have a DNA test to prove paternity and get a good lawyer. Also you need to document any violence toward you and/or your children. It would be unusual for a judge to award custody to a parent that has anger and violence issues. He will probably attempt to discredit your reputation and say you are an unfit parent. You need to prepare for that issue. You can also call the Spring or a women's shelter for help. Often they will have a lawyer that can recommend to you what you need to do.


Sarah
I have the same problem. My x husband and I divorced in 2006, in 2009 he was sentenced to 4 years in Missouri DOC (for assault). I live across state lines now, but he was released in Jan of 2011. We have a boy(8) and daughter (11). He has not paid support in nearly 4 years he has not showed for visitation since June 2008. He has nothing to do with the kids. He has been awarded supervised visits one weekend a month, but he never shows. The kids don't want to see him, and I don't blame them. The kids said that it is like watching cops but the bad guy is their dad. My husband (step-dad) wants to adopt the children but bio father says no, that he wont sign. I think if the father is not paying support, not a part of their life, and has had 0 contact (by his own choice) then that should be abandonment! My kids deserve to have a dad not a dead beat father!


Sarah
I have the same problem. My x husband and I divorced in 2006, in 2009 he was sentenced to 4 years in Missouri DOC (for assault). I live across state lines now, but he was released in Jan of 2011. We have a boy(8) and daughter (11). He has not paid support in nearly 4 years he has not showed for visitation since June 2008. He has nothing to do with the kids. He has been awarded supervised visits one weekend a month, but he never shows. The kids don't want to see him, and I don't blame them. The kids said that it is like watching cops but the bad guy is their dad. My husband (step-dad) wants to adopt the children but bio father says no, that he wont sign. I think if the father is not paying support, not a part of their life, and has had 0 contact (by his own choice) then that should be abandonment! My kids deserve to have a dad not a dead beat father!





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