What are a fathers rights?

MyLittleLove

So my boyfriend unfortunately has a baby mother from the depths and she's making it impossible for him to see his daughter. Child support is being deducted from his paychecks, but last night she informed him that he still wouldn't be seeing his daughter anymore. What rights does he have if there is no custoday agreement filed and what is the procedure to file for joint custody? Is there mediation or is it straight to the judge? BTW we live in S. Fla, Broward County...

one5one

Idont know but id contact a lawyer or the judge. Maybe get a hearing. Document the babymama saying this as well. Id fight fo custody if you can.

MyLittleLove

@one5one
is a recording the only way to have actual proof of what she says or do u know if we can physically write.out the incident? **do u know a phone recording app??

one5one

A recording should be perfect!! Considering she can't deny her own voice!! Maybe a voicemail would just be left on the fone & played back in court.

sdubois

If there's no custody agreement she doesn't have to let him see her. And recordings have to be something like a voicemail where she knows she's being recorded or it can't be used. Just have him continue to pay child support to show he's doing the right thing and get a lawyer. It's expensive but its pretty much his only chance. Some places have lawyers that are just starting out that will help for a lot cheaper you just have to look around.

garagebandfan

You could also call legal aid they will be able to give you a free consultation and let you know what your options are..also save texts, emails, facebook... and if you do record the conversation you must tell her at the beginning of the conversation.

MyLittleLove

@sdubois
so the mother automatically has 100% custody? Just wanna clarify that...

@praying4our3rd
idk from what I know there's no custoday agreement filed. maybe I should dig deeper...

nmartinez79

He has one of two choices he can file for an emergency hearing that needs to be approved which will take place within a week. Or he can file an osc for custody which will probably take a month. I hate it when women use kids as leverage.

Karla_with_a_K

I have full custody of my son and his dad has no custody or visitation. Im in bama. We were never married so I went through dhr to get childsupport. They do not deal with custody. Bd wld have to get a lawyer and take me to court. Now, when bd asks to see my son, which is very rare, I let him.

Mrz_Jackson

Agree wit @sdubois he has to take her to court to get a custody agreement my brother went thru it. Go for it ur boyfriend pays his child support he has every rite to see his child

Moroccanmexicanbaby

Well... my situation Was different. ..lol. i requested the judge for joint custody so that their father can have his rights but it back fired. because he loved his life more. And his sugar momma, Was giving him drama due to jealousy. She just didn't want him to deal with his Kids and dedicate all himself to her and her teenage kiddos. I am glad that he got rid of her and decided to get back on the road where a father should be.

nmartinez79

Dont jump to getting a lawyer just yet. U might not need one. If he's been a good father and if she is keeping the child from him just to be spiteful hopefully the judge will see that. U can also file a fee waiver when filing papers if u qualify.

MyLittleLove

@nmartinez79
he's an awesome father. She screams and cries when he drops her home, everytime he calls and talks to her the first thing out of her mouth is if he's gonna come get her... its all unnecessary stress b/c for whatever reason the girls mother is still very bitter over their separation. He got put on child support bc she kicked him out of the appt that HE was paying for and when he left, demanded him to pay the rent (while she was there w/ another guy who I KNOW) so when he refused, she filed the paperwork and it was granted. It wasn't filed for his negligence to the baby, he was the one supporting them both. The girl didnt even have to work, he did everything.

MyLittleLove

@Mrz_Jackson2anpreggo
do u happen to know how long the process took with your brother?

MyLittleLove

She tried once calling the police on him for him having the baby, this was a long time ago, and when they arrived, they let them both know tht he's the father, and there's nothing legally saying that he can not see the baby, and he did not technically "kidnapp" her so there was absolutely nothing that she could do about him having her until she took it upon herself to go file paperwork...

IDK, maybe the cops were sympathizing with him in that situation. I honeslty have no clue.

Mrz_Jackson

@k_baBix0 o sorry I don't she didn't fight it after wen they went to court. They seen where he pays his child support so they def gave him his visitation she jus got to pick how she wanted him to have them which was every other weekend.

nmartinez79

That is so sad:( she should be grateful that she has a baby daddy that gives a shit! How old is the child? Doesn't she realize the one she's really hurting is her child? Just have him go to the clerks office and have him file for a emergency hearing. If u can't afford the filing fee ask for an application for a fee waiver. They don't ask for proof of income at least not in CA. I went through this madness with my deadbeat bd who was a tweaker and felon. He would go months without seeing my son and then would use court order to his convenience. Thank God the judge finally took away his rights and he's now been out of my sons life for over 4 years. If he was a good dad and reliable it would've been a completely different story. It took my husband and I about a year to get what we wanted in court so be patient. If she's not showing up for his visitation u can always pick up and drop off the child at police station so u have someone trustworthy to prove whether she's showing up for the scheduled visitation. That's what we had to do cuz he was lying saying he was showing up for his visits.

Fate

How sad... There are so many dead beat dads out there who don't want to pick up their kids. I hope things get worked out soon!

sdubois

Either party can keep the child away from the other without until court. It's not that she has the rights its that neither does. But if he's paying and she's just keeping the child away for no reason that will male him look good and her look bad.

caroline8_p

Unfortunately there is nothing he can do beside go file for a custody order. My bf is going through the same thing sort of.. They just finished up their child support court and the judge told him (infront of her) that they can mutually work things out and if it doesnt work, then one or the other needs to file a custody order.. And keep ANYTHING that says 'no, you cant see our child for whatever reason'.. He has fb messages telling him yes, then saying no. It looks bad on the parent when they "hide" the kid from the other parent.

TishJ330

Ah, I can share a little expertise! I am a paralegal and our firm does a fair few domestic cases. I'm in Georgia, so of course the laws vary from state to state. In Georgia, if the parents are not married upon the birth of the child, nor do they get married subsequently, the father has ONLY the right to pay child support. If your boyfriend would like rights, he has to do a legitimation process, which legally proclaims him as the father of the child and able to access custodial rights. After that is done, he is then able to petition the Courts for liberal visitation such as weekends, holidays, and extended summer periods. As it stands, the mother does not have to allow him to visit with the child until a Court Order is in place. The Courts frown on the behavior of a mother actively keeping a child from forming a bond with the father, but until a Court Order is done, she can not be held in contempt. He can, with the help of legal aid, file all these things pro se, and he can have some rights established immediately. As long as he has been paying his child support timely, he will have proven to the Courts that he is willing and able to be a part of his child's life. Normally we file both the legitimation petition and the visitation petitions at the same time so that his rights can begin immediately. I'd encourage him to contact legal aid in your area as soon as possible.

MyLittleLove

@caroline_p
well there's no messages b/c its an over the phone conversation so its gonna be he say she say. unless theres some way to retrieve the messages which i doubt. But last night after she ALLOWED him to pick her up, she started calling 40 MINUTES after we left saying she wanted him to bring her back home. She called his phone over 6o times back to back last night trying to harrass him saying what she was gonna do. She only let him get her yesterday so that she could start a problem. This girl is the definition of psycho, and im not sayin it because of how disgusted i am of her. Even her own family says it to him that the girl has no sense.

MyLittleLove

@tishj330
IDK if he can afford legal services at the moment so I dont know what options he's gonna have, because this girl is using the baby against him as a means to hurt him and its not right. How can he actually prove that with no paper "evidence?"

valentinasmommy

Why did she do that?

luvbump

Well depending on if you have a lawyer and how old the child is.. If shes not in school you can file for 50/50 custody. Both parents get the child 6 months outta the year. Ive seen it happen a few times.

MyLittleLove

@excitedforbaby
this new foolishness started b/c one afternoon, we picked her up from daycare and she had a runny nose. She doesnt like when her daughter is at my house which is what im assuming she initially thought she was going to have an argument about, but instead when she found out that we'd spent the day with his daughter at his moms house, she changed her argument to say that "everytime he gets her, she comes back and something is wrong with her." Complete bullshit. She really wanted to have something to say about not wanting her at my house and felt stupid so she had to save face and this is her MO. It's gotten completely out of control now. Yesterday he called her sister asking if he can get the baby and her sister mustve told the mom and she called him saying if the baby comes home with anything wrong that she was gonna blah blah blah but he hung up in her face and we headed there to pick her up. In literally 40 minutes, she was calling telling him to bring her back, that if she knew her brother was gonna be at the house she would not have let him have her and a whole breed of mess. I dont understand the girl. If he didnt wanna be there then i would understand but thats not the case so all of this is so damn unneccessary.

MyLittleLove

@luvbump
shes only 2, about to be 3 in September... so quite some time for actual school to begin.

camommy

Document everything try to have him do all communications through txt email or voicemail she's recorded you don't have to inform her she is being recorded these ways but it doesn't always register so she'll slip up and end up giving you something you can use make sure all your responces are calm and nice. Also make sure every payment is recorded if its going from his check to her account that's great. Good luck.

caroline8_p

Oh and she can't dictate who the child is around. That's a reason my bf's ex wont let him see her, cause she doesn't like me. Says I broke up their family and marriage and blah blah. In reality. We didn't meet in person till over a month after she kicked him out.

lilbabythree

Call the child support offfice they are there to help both parties. Also check out free consultations with lawyers. They can give u diirections on wqhat to do.

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