My friend will be in contact with an attorney but I was wondering what rights do fathers have for unborn children? His ex is crazy, she got arrested last night after she attacked his mother, and then came after him. It's not the first time she's hit him either. He's scared she will leave the state or something before she has the baby, she's 18 weeks. Is there anything he can do? He also takes care of her older daughter who the police left with him after she was arrested. ADDED He is getting an attorney and his mother is pressing charges, cps was contacted and said since he's been providing for her other child for 3 years and she has no family she could stay with him.
@ Robin why he had sex with a nut is irrelevant they have been together 3 years, so no I'm sure things weren't blissful 18 weeks ago.
@jessica I have SEEN how she acts, both towards him and her own child. She doesn't get off her ass to even feed her own kid, the reason CPS was called is because she was assaulting someone in front of her minor child and the police called NOT my friend or his mother. So no you don't have any idea what your talking about, he's done nothing to her to cause her to act like this. Just as an example, she demanded that he buy her a car cause she didnt want to work, well he told her he would rather save for a little bit she started yelling at him and punched him. He called the police at that time, but he didnt press charges. So yea not his fault
Not sure what rights if any he has at this point as she is pregnant and paternity can't be established until after birth unless the mom agrees to an AMNIO for paternity.
He needs to speak to a family law attorney
He should call CPS and get an attorney.
He has equal rights with the mom. His attorney may be able to file with the court who would make his rights court ordered.
Also calling Children's Protective Services is a very good idea. Her older daughter also needs protection.
He needs to seek out an attorney with experience in family law. He also needs to start documenting interactions between himself and the mother in case she does try to pull a stunt. Unfortunately, it is generally harder for fathers to gain equal or more rights than the mother in the court of law unless the mother really screws up. If he starts early to prove he is a responsible parent and wants to protect his child, and if she is proven to be a risky person, he will have a better chance in court when the day come.
best of luck,
~ALIEN
I don't believe he has rights to an UNBORN child.
However, it's quite simple..... once the baby is born he can establish paternity, get some sort of custodial decree and child support order and then he will have rights to his CHILD.
I'm not sure he can prevent her from leaving the state - and yes that will complicate things as far as how frequently he can see the child at first, depending on where she moves and if he is willing to move to be near his child.
Otherwise, I think he is really looking at some sort of visitation rather than custody. you can't really share custody in 2 different states. Yes, that is not ideal.
I'm unclear if CPS has taken her older child and placed it in his custody? Were they married? I'm not sure CPS would allow a boyfriend to keep custody of a minor child - but if it's not a long term arrangement they might.
For sure he needs to document, document, document. And he needs to find a good lawyer.
he absolutely does have rights-and she is making it easy for him and dangerous for her unborn child-my question to you is...so everything was just perfect bliss 18 weeks ago and now her insanity is just starting to manifest? I doubt it-why did he have sex with a nut? In life, when two people , who are married, have loads of money, two sets of grandparents, a beautiful home, job security, mom can stay home, great schools, etc-having a family is the most difficult job in the world and people need to stop and think about that whole pesky connection between sex and baby being born into a disaster-no sex is that good.
Having only read your comments and not the other posts, I won't comment about why people just assume your friend is the problem instead of the woman. I do wonder why he has stayed with her for 3 years. However, I'll assume it was for her 3 year old...
Do you and your friend realize that she is a batterer? Not just men batter their spouses and significant others, M.. Women do it too. Your friend needs to figure out why he has accepted this kind of behavior from ANYONE. If he doesn't, he may end up going back to her or becoming involved with another woman like her. Just the fact that he didn't press charges against her when she hurt him before means that he has problems and he needs to work on this. M., it might save his life
I'll let the attorney deal with the issue of the unborn baby. Unfortunately, I don't think he has any rights, but I'm not an attorney and don't know the answer...
Dawn
