Custody for the Father

[bb1434]

I am in desperate need of some legal advice. My situation is that my ex is pregnant with my child. She has since decided to go back to her husband(divorce was/is pending for 19 months). The issue I have is that hher husband has been very abusive in the past not to mention that he is also a convicted felon. I have no problem with the mother having custody of this child, but I have major issues with the husband being there. Do I have any recourse or must I live in fear that one day he may flip out and possibly harm mother or child? Do I have any say as to what type of enviorment that this child will be raised in? Does the father have any rights at all? Any help would be great at this point as I do not know what to do and I fear for my childs safety.

 

[Duranie]

What state are you in? In many states you will have no rights if her husband is the legal father unless you dispute paternity. You'll need to file a paternity suit and register for any putative fathers registry that might exist in your state. You need to stay on the ball here and make sure paternity is established. You really need to talk to an attorney. When is she due?

 

[bb1434]

The baby is due in October. She is not denying paternity though. She openly admits the child is mine. Short from having a pre-natal dna test done, which she wont as it is risky for the baby, there is nothing I can force. In PA, if she chooses to put his name on the birth certificate, there is no legal recourse for me as I will not be get a court ordered DNA test because the husband will automatically get paternity. My only hope is that she puts me on the birth certificate. Then and only then can I fight for custody. But is it something I can possibly win or should I just give up and pray for partial custody? How do I make sure my child is safe legally?

 

[Duranie]

With no parental rights you cannot do anything. You are right a pre-natal DNA test is too risky and not worth doing. You really need to double check with an attorney. Just because she is married does not mean you cannot force a paternity test. That is the only way you will have rights here. Otherwise there is nothing you can do.