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  1. #1
    Join Date
    Jun 2012
    Posts
    3

    Default How to Prevent a Father From Claiming His Legal Rights

    I live in Pa. I have a child that is 8 months old. She has never seen her father there is no paternity or anything stating he is the father. my question is recently I have been having health issues and if God forbid I am put into hospital or worse can he lay claim to her even if I make out a living will? If so how can I go about securing the fact he has no rights?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Legal Rights

    You can't.

    He has no rights currently but if the worst were to happen, the state WOULD make an attempt to locate the presumptive father and he'd generally be first in line for custody.

    You cannot "will" your child, since she is not a piece of property. If Dad wants to establish paternity - and he has an awful long time in which he can do so - he is free to do that at any point during that period and he will be entitled to at the very least, visitation.

    If your state allows, you can assign a "standby guardianship", which lists your preferences but the court is not bound by this. In real life, if there is a fit parent available and willing to step up, the court will not commonly rule against that parent even if there is such a document on file, unless for example the other parent has been completely missing from the child's life and the child is perhaps 14 and has been raised by or with her grandparents for the past 10 years.

  3. #3
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Legal Rights

    is there anyway to get him to sign off rights and if so if something happened to me he can not reverse it can he?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Legal Rights

    Get married, stay married for awhile, and have your new husband adopt your child.

    Other than that? No.

    Really - what's so wrong with this guy that he was fine to sleep with, but he's not fine to be a parent?

  5. #5
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Legal Rights

    honestly i love him to death have for 16 years we were only together for 2 we had the perfect relationship. founf out we were pregnant could not ask for a better father to be at that time then he decided to go out with his friends and used bath salts came home got very viloent and tried to give me an abortion with a knife cops called he was arrested i had a pfa and thats that baby born have not heard a word from him..

  6. #6
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: Legal Rights

    Quote Quoting missmaki26
    View Post
    honestly i love him to death have for 16 years we were only together for 2 we had the perfect relationship. founf out we were pregnant could not ask for a better father to be at that time then he decided to go out with his friends and used bath salts came home got very viloent and tried to give me an abortion with a knife cops called he was arrested i had a pfa and thats that baby born have not heard a word from him..
    Bath salts? Really?

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