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Legal Rights


Question Posted Friday March 11 2005, 1:05 am

I started dating this guy when I was fifteen who was eighteen. He and I were together for a year and two months....partially because I ran away with him for five of them. Well, this last December I had his child and my mom and I won't let him have any part of it. But since he was eighteen, I just want to make sure that in two years when I'm eighteen he can't try to fight for custody. Would he have any rights over my son?


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Spurgirl14 answered Friday March 11 2005, 10:58 pm:
The only way is if he gives up his parental rights...he might do this if he doesn't want to pay child support. But the father will always have rights over the child.

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surferlil2002 answered Friday March 11 2005, 8:21 pm:
ya... he could. but you can go to court and fight it, saying that he wasn't there at all for 3 years and bla-bla. if he does want custody... get a good lawyer.

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lilrocksta13 answered Friday March 11 2005, 7:25 pm:
I think that being the Father would give him a right over your son. He should be able to see him by then. You could have him arrested becaue you wer a minor so that is 1 count towards him.

You should really seek Legal Advice because that can give you much more information dealing with this situation.

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flutterbyme_8i8 answered Friday March 11 2005, 3:37 pm:
I am in a sort of similair situation only myself and the childs father were both over 18.

My advice to you would be to seek legal help and advice. I don't know where you live but there should be what's called a "legal aid society" in your county that can assist you in your case if you are financial applicable.(It's for low income families and is a free service.) If anything you can also look in your phone book and there should be lawyers involved with family law that can give you free legal advice on the situation.

First of all, child support will be ordered whether you or him go to the court to seek custody/visitation. Unless you are found to be an "unfit parent" there is no reason that your child should be taken away from you. Also, unless he is found to be an unfit father he will get visitaion with the child i.e. something like every-other weekend .... as long as it doesn't interfere with the childs welfare.

Being in a similair situation my advice to you would be to seek legal help if you can. I'm not sure how it works in your state, but in Florida the father has no legal rights to the child unless child support is being paid. So if he would try to take the child in question and leave he would be charged with kidnapping.

Let me know if you have any other questions. I completely understand what you are going through and am more than happy to help with anything I can. Best of luck to you and your son.

~ Amanda

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nocturnalkid answered Friday March 11 2005, 1:18 pm:
Depending on where you are, you could probably have him arrested on statutory rape and possibly kidnapping. If he's an adult and you are not, and you both disappear, he's legally accountable for your whereabouts.

Now, what happened between the two of you? Is he abusive? Is there a particular reason why you don't want him to see his child? You may be able to retain custody, but he will have visitation rights. However, if he wants visits, demand child support.

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xxBrOkEnxx answered Friday March 11 2005, 12:35 pm:
first off its illegal so it would be a bad move for him to try and get custody.yes he would have some rights of the child like seeing him/her over the weekends and stuff like that unless he has a problem like drug addiction or something of that sort and useally the mother gets full custody of the child but if theres something wrong with the mother like shes an abuser or something like that then the father gets it.

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FunkyHoMoSapien answered Friday March 11 2005, 9:50 am:
First off its illegal, if your eighteen or older, to have sex with anyone under the age of 18. so first, thats a bad move, and second yes he can because you will both be consiered adults and he has all the same rights over your son as you do. and i hate to say it but yes he can take custody of your son. chances are he wont thought becuase he had sex with you when you were 15 so he would go to jail, lol. so i have a very good feeling that you'll be able to keep your son. but he does have the right to see him. i hope all goes well.

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mysticpixie05 answered Friday March 11 2005, 9:43 am:
yes... he has all rights to try and get custody of him. he has all the right in the world to try for it now. and if he really wanted the kid, this would be the time he has to do it. because he can say that you are 16, you have a kid to take care of. you have school to finish and that you are unable to raise a child at this point in your life. soo watch out sweets, he can go for it at any time he damn well pleases. but if he waits they are going to question why now all of a sudden he wants this kid, after 3 yrs of his life. ya know what im sayin?
maybe instead of going to court about it, if it eve cmes up that he weants to take custody of him, try workng out an agreement with him instead of going to court. like maybe everyother weekend and a month of the summer... ya know? do that for when he starts getting older. then when he is of teh age of 16, i do believe, he has the choice to decide who he would prefer to live with, his mother or his father.
personally i think it would be best for the kid growing up if he atleast has something do with his dad, ya know? i dont mean u have to be together for your kid, im just saying maybe try and give him a chance to see how is he is with your son. you never know, he may be a completly different person. he is as much his as he is yours.
any other questions concerning any of this, let me know. just leave it in the inbox and i will respond to it asap!


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sweetpea318_247 answered Friday March 11 2005, 9:16 am:
honestly in my opnion if you wanted your son to grow up to be a good guy and all that stuff you would let his father be a part of his life. You never know how your ex would be around your son if you do not give him the chance. And i honestly think you are a horrible person if you do not allow him to be in any part of your sons life. your son needs a father, he needs that MALE role model. you and your mother can not be that male role model obviously. your ex should have the damn right to be a part of HIS childs life. and yes your son is also his. you of all people should know it takes more than just a girl to make a baby. Your son is also his son so do not claim your son as souly yours because he is not. He is also his fathers son. And if you listen to the person that said if your ex tried to get custody that you should tell him you will file for statury rape, well if you listen to that your a mere pathetic excuse for a mother. It is not rape if you want it and you both knew the law when you decided to have sex. but that is all i have to say... just thinking about your stupid shit question makes me want to puke have a nice day ~!~nichole~!~

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russianspy1234 answered Friday March 11 2005, 2:00 am:
well the courts are being more and more watchful of fathers rights these days, and technically he has as much right as you do, but realistically all you have to do is tell him youll press statutory rape charges if he tries to get custody.

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Altazuma answered Friday March 11 2005, 1:38 am:
He is the father of the child no matter what age you both are.

If you do not have any court order granting you sole custody, it is up to him to contest this any time he likes.

Besides, as much as you and your mom might not like him, he might just be very different with his child. Why not let him have the chance?

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