I heard this from a friend and didn't know if it is true...?

pragmatism_rules

Providing you weren't married to the man at the time of birth, your baby's father has no rights (as he may not be the actual father) until paternity is proven. Until a custody order is in place, you have sole custody because you are the birth mother (maternity is a matter of fact). Since he has given you some money, that would be evidence of his having some interest in the child.

He does have one right even before paternity is proven. He can go to court and ask for a dna test to be done to prove he is the daddy. Once that is done, he can file for custody and/or visitation...and you get to ask for child support.

By the way, "rights" for married/divorced dads and unwed dads are slightly different. For instance if you had been married to your child's father, you would have needed his and the court's permission to move any distance that would affect his visitation, much less move out of state. But since he didn't marry you, the courts won't make you spend the next 18 years tied to him (living close by) because there wasn't that "marriage bond". So you will have the right to move as you please (run this past your lawyer first).

One last thing...yes, your baby's father could have his rights taken away from him for "abandonment" but that would have to be over a period of years with him making no contact with you or the child or providing any kind of child support. But that doesn't mean you get to hide the child away and then later claim that he abandoned the child. You need to make him aware of the child's existence and provide him with the opportunity to go to court to seek a dna test and receiving visitation. A lawyer's letter sent by registered mail to the alleged baby's father should be sufficient.

Good luck...and please get a lawyer.

LovesTheConstitution

With or without his name on the child's birth certificate, the child's father has rights and responsibilities under the law.

The obligation to support the child is separate from his parental rights.

For him to assert his rights, the child's father may have to obtain a court order declaring him to be the father. That order will include specific child support obligations, too.

Termination of parental rights requires a court order as well. The applicant (you) would have to prove to the court that it is in the child's best interest to have his father's rights terminated.

Consult your attorney for legal advice. Consult your counselor or psychotherapist to help you find out what are the things you can do to be the best parent for your child.

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