Need advices

[lala_k]

Jurisdiction

California

I am a single working mother that supports my daughter by myself with the help of my family. I left my daughter's dad a couple of years ago due to domestic abuse and he was not fit for a child to be around. There has not been any custody battle nor have I filed for any child support for fear that the judge might grant him some rights that could place my daughter under his danger. As for this moment,
I have all of the authority when it comes to any decision makings involving my daughter.

If something were to happen to me, my daughter's unfit and abusive father might have full guardianship over her. What options are available to prevent this? Is there a way where I could request a person that I trust to be my daughter's guardian instead of him if something were to happen to me? Should I file for sole custody now? But with that, I fear that it might not be granted and/or he might end up having rights that may place my daughter at risk.

 

[army judge]

If you and the alleged father were never married, unless he proved paternity through the courts, he has no legal paternal rights to YOUR child.

The only one with paternal rights to a child born out of wedlock is the birth mother. Any male alleged to be the father has no such rights unless, and until, he takes the matter to court.

If the above is true, he'll never have any claim to YOUR child.

You'll be best served not to mention any of this to the idiot, either.

 

[lala_k]

If you and the alleged father were never married, unless he proved paternity through the courts, he has no legal paternal rights to YOUR child.

The only one with paternal rights to a child born out of wedlock is the birth mother. Any male alleged to be the father has no such rights unless, and until, he takes the matter to court.

If the above is true, he'll never have any claim to YOUR child.

You'll be best served not to mention any of this to the idiot, either.

His name is on the birth certificate.

 

[army judge]

His name is on the birth certificate.

A name purporting to be the father on a birth certificate doesn't change one word of what I posted.

Unmarried males can ONLY obtain custodial/visitation rights to a child born of a female out of wedlock by petitioning a court to grant same...

The law is, has been, and remains very clear on what an unmarked male must do to obtain custody/visitation AFTER establishing paternity via GENETIC testing, not merely attestation or declaration on a public record.


Why?

Because a child born during marriage, even when the female spouse cheats, is LEGALLY the child of the male spouse.

The male with whom the female spouse may have cheated could rebut the putative father because of marriage presumption proving paternity via genetic testing.

Good luck, until the lazy bum goes to court to seek paternity testing, which ONLY a court can order you to cause YOUR child to submit a sample to prove the deadbeat is the father.

Deadbeats RARELY take such steps. Good luck, ma'am.

 

[lala_k]

A name purporting to be the father on a birth certificate doesn't change one word of what I posted.

Unmarried males can ONLY obtain custodial/visitation rights to a child born of a female out of wedlock by petitioning a court to grant same...

The law is, has been, and remains very clear on what an unmarked male must do to obtain custody/visitation AFTER establishing paternity via GENETIC testing, not merely attestation or declaration on a public record.


Why?

Because a child born during marriage, even when the female spouse cheats, is LEGALLY the child of the male spouse.

The male with whom the female spouse may have cheated could rebut the putative father because of marriage presumption proving paternity via genetic testing.

Good luck, until the lazy bum goes to court to seek paternity testing, which ONLY a court can order you to cause YOUR child to submit a sample to prove the deadbeat is the father.

Deadbeats RARELY take such steps. Good luck, ma'am.

Thank you for responding! So if something were to happen to me, let's say worse scenario..death, what will happen to my child?

 

[army judge]

You can make your desires known as to whom the guardian of your child will be in the event of your death via a will.

You can create one using sites like this very cheaply and easily:

www.legalzoom.com

You can have a lawyer do one for you.

Pshaw you say, you'll be around to see your kids graduation, marriage, even grand kids. LOL

Who Wil Raise My Children if I Die Without Namin Guardians in Texas

 

[lala_k]

You can make your desires known as to whom the guardian of your child will be in the event of your death via a will.

You can create one using sites like this very cheaply and easily:

www.legalzoom.com

You can have a lawyer do one for you.

Pshaw you say, you'll be around to see your kids graduation, marriage, even grand kids. LOL

Who Wil Raise My Children if I Die Without Namin Guardians in Texas

Thank you so much! It's nice to have that security.

 

[army judge]

Thank you so much! It's nice to have that security.

You're welcome, live long and prosper.