What Are My Rights As a Father to a Soon to Be Born Child

**draco6352** · 04-28-2012, 04:49 PM

My question involves a child custody case from the State of: Florida and Kentucky

I had came home from work to find my ex gone and she had left to Kentucky with my unborn son. I want to know what rights do I have to help me when the baby is born? Also my ex has no money,job,car or her own place she is completely supported right now on her friends and some family in kentucky I have a Job,my own house transportation and I have the means to provide for my son when he is born can that help me in court? We have talked once since she has left and she had told me that I would know whats going on with the baby through facebook updates and pictures can she kept my son from me even if I am wanting to be there for him? We are not hostile towards each other but she is refusing to talk anymore about it with me I have no plans on leaving her out to dry I want to support my son and have the same rights as my ex to our soon to be born son. I plan on seeing an attorney here shortly but do I need to get one in the state of Kentucky or in the state I live in now? I am Father and want to do everything in my power to help raise my child. I am just concerned and worried about my rights to be a father. I'm sorry for all the questions I just don't know what to do yet Thank you for any help

**Dogmatique** · 04-28-2012, 05:39 PM

Assuming you're not married to Mom, what you need to do is file to establish paternity as soon as the child is born.

Once that is done, you can file for custody or visitation where Mom and the child live - however, there is a better-than-good chance that Mom will remain the primary custodial parent and you'll be the NCP. Child support should also be established.

Why? Because by the time paternity is established and it's all heard in court, Mom will probably have status quo on her side and generally that's a huge thing when it comes to custody. The courts like status quo, and are generally reluctant to remove an infant (specially one so young) from the home they're used to unless the parent is unfit.

Mom has support - she's being supported by friends and family. As long as the child is fed, clothed and looked after that's really all that matters.

Is Mom willing to allow you to sign the Affidavit of Paternity once the child is born? That would make things a whole lot easier.

**aardvarc** · 04-28-2012, 05:40 PM

If you were not married to the mother of your child, you will not enjoy the automatic rights that married fathers enjoy; instead, you'll have NO rights until you establish them in the courts. If the child is born in Kentucky, you'll bring a paternity case in Kentucky. Mom not having money or a car or her own place isn't an issue. As long as the child has food, shelter, and weather appropriate clothing, the court don't care HOW mom acquires those things, whether via charity, family, salary, the clergy, etc. Once the child is actually born, you can establish yourself as the legal father, ask the court to assign visitation rights (which will occur in Kentucky, at least at first, then later to Florida), and expect to pay child support. Until paternity AND visitation are established, the mother has no obligation to tell you anything about the child OR to allow you to see the child. You'll want to be talking to attorneys in KY. You can get referrals for family law attorneys from the Kentucky Bar Association. Talk to a few - many will give at least an initial consultation for free.

And, for your OWN protection, BEFORE you sign anything declaring yourself as the father, you should ask for a DNA test. No matter HOW certain you are that this child is yours. Many thousands, if not hundreds of thousands, of dads think the same thing, only to find out years later that they've been paying child support for a child that isn't theirs, or to have an ACTUAL father step forward with a DNA test and take their place as the father.

**LawResearcherMissy** · 04-28-2012, 05:40 PM

I want to know what rights do I have to help me when the baby is born?

At the moment, you have zero rights. She does not have to tell you how the pregnancy is progressing, she does not have to provide sonograms, she doesn't even have to tell you what hospital she plans to give birth in. (She wouldn't have to do that even if you were married.)

When the child is born, you may bring forth action through the court to establish paternity in the county in which the child lives. Once that's done, you may bring forth action to establish visitation and custody, and establish child support.

Do not expect to walk away with full custody. You will not get it. Expect joint legal custody, with Mom retaining full physical custody, and you having a standard visitation plan.