Help Please

[jc14701]

My girlfriend and I have been together over a year and we have a 3 month old daughter. She also has two other children from a previous relationship. When we started having problems with our relationship she told me that I could have our 3 moth old because she couldn't handle 3 children. I also don't trust leaving her here because my girlfriend's brother smokes marijuana heavily, even when he's watching her other 2 children. He doesn't even go into another room he does it right in front of them. My question is, we recently had a major fight and she told me that if I wish to leave to just leave. I don't want to take my child, have her turn around and call the police, telling them I kidnapped her and lose her forever. What can I do?

 

[WhirledPeas]

If you're not married and paternity hasn't been established legally, you would be kidnapping if you took the baby with you. Were it me, I'd make nice with her until paternity was established. Then file for custody or visitation.

 

[Duranie]

If paternity has been established you likely have some rights. With that said it is not kidnapping if there is no court order. If paternity was never established and you did not sign the birth paperwork that needs to be done.

 

[jc14701]

We aren't married and my name is on the birth certificate as my baby's father. So I can leave with her and it not be considered kidnapping?

 

[Duranie]

Probably but I am not an attorney. What state are you in? You need to google unmarried fathers rights in your state just to make sure. In OH, you would still have few rights BUT in states like mine, AZ, signing the Ack. of paternity gives you rights since thee is no court order. You should file for custody ASAP.

 

[philslove]

take your child and get away you can always got through the courts

 

[ohiogranny]

Probably but I am not an attorney. What state are you in? You need to google unmarried fathers rights in your state just to make sure. In OH, you would still have few rights BUT in states like mine, AZ, signing the Ack. of paternity gives you rights since thee is no court order. You should file for custody ASAP.

If it is Ohio, he would need some form of custody first. An unmarried mom has custody and dad has no rights till a court gives them to him. My son was told this more than once. He wanted his exgf to leave their son with him and her leave, but he couldn't make her leave their son. Even the cops knew this. He did end up with custody about a year later when mom agreed.

If OP and the mom could come to an agreement, they could file it in court and have it signed and become an order.

 

[ohiogranny]

take your child and get away you can always got through the courts

NO! You need to realize that without all the information, and knowing what state this is, this could be BAD advice.

All states, and even counties, are different. If you don't know the correct answer, please just read and learn before you post.

JC, you need to file in court for paternity/custody/support if you haven't already (or if you haven't signed any paperwork at birth) or get an agreement with mom for custody and file it.