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Child custody and birth certificate??


Please dont say rude comments about my situation. I have one child that is 6 and his father signed the birth certficate and all but doesnt plan on fighting custody and is 12,000 behind in child support. But I am 7months pregnant right now we have been together for almost 3years. I just found out that he was doing some nasty things and talking to ex girlfrends on the computer. We arent married and live in North Carolina if that helps. And I am wondering about the benifits if I dont let this father sign I think he might be diffrent and try to fight custody. I mean he has made the remarks of kidnapping her and me not seeing her so I want to be the first to do something when she is born to stop that from ever happening. If he dont sign can he still fight for custody?? And if I file for child support dont I have to have him sign it so either way I am winning or gaining? I mean I dont know how it works since I didnt have to worry about it lasttime. Please help I just want to be ready

And I said my sons father did sign and I have child support on him he doesnt pay, but when I did the child support it went auotmatically full custody to me?? Will that be the same case here?

your situation is difficult. i think the best thing for you and the child is to prepare to file a petition to establish paternity of the child with the court as soon as possible after the child's birth. although you seem afraid of a custody dispute, you are much better off having the issue legally resolved, which will happen in the paternity suit along with other issues regarding your child, such as child support and visitation. if i were you i would not do anything to acknowledge he is father of child until you file the paternity action. both parents have equal rights to possession of a child until a court order determines which parent has possession at what times. acknowledging his legal paternity before a court can rule on custody could possibly result in his legally taking the child. I've also heard of mothers who have the same problem when the bio father hasn't taken any steps to legally establish his paternity of the child. if bio dad takes child,mom calls police and tells them the dad took the child. even tho legal paternity is not established, and because there is no custody order in place, the police are powerless to get the child returned to mom since everyone is acknowledging it is dad who has child. and yes, paternity must be established, whether legally or in accordance with north carolina's laws for establishing paternity administratively in order to get a child support order. so go take care of it all at one time in order to reduce problems. why have you done nothing to enforce the child support owed to your older child?

He can still fight for custody if he is proven to be the father by a paternity test. The best way to keep him from kidnapping her is to not try to prevent him from seeing her. You can arrange a visitation schedule that suits you both and that allows your child to grow up with both parents. If you file for child support, you will definitely have to set up visitation. No court is going to let you keep him from the child unless he poses an actual danger to her.

Right now you sound like you need to remove yourself and children out of the situation. Don't know the nasty things you mention but the fact that he has threatened you with kidnapping you should get away now before you become a statistic of missing, battered or abused women or end up dead. Go to your local family court to ask the questions on custody. Because custody and child support are
separate issues. GOOD LUCK

It does not matter where you live.If your the mother and then child isnt in danger you will keel custody regarless esp since the baby will be a newborn and will need to bond with you.Set up a meeting with a lawyer to settle the details.

Leave now before you have the baby. Don't tell him where you are going.

you need to check on the laws of your state. i assume you are not married. in most states, the means custody would lie solely with you regardless of signature on birth certificate. but it could be different in your state. you also need to find out what establishes legitimation in your state ( ie, signing bc or going to court for leg by a judge). in most areas, legitimation has to be established before he can try for custody. if you file for child support, there will be legitation done prior to him paying (unless it is voluntary). check in the local juvenile, chancery or circuit court in your county. one of these courts should be able to give you advice about the laws in your county.

My sister is kind of going thru the same thing here in Michigan. She did not put a name on the birth certificate. The father has no rights unless he fights for a paternity test, which he will have to pay for. If you get any government assistance they will take that away from you without naming a father. If your not on any assistance, I would recommend not putting a fathers name on the birth certificate if you feel the baby would be harmed in some way. It will take months for them to set a court date, get a paternity test, and all the other legal things that have to be done in order for him to get custody. By then the baby will be a few months old and the courts tend to allow the child to stay where they have been living. The courts almost alway award custody to the mother as well.
Whatever is done, make sure to follow the court orders to a tee. If you screw up, it could be used against you in court. Let him be the one to screw up. It will make a stronger case for yourself.

Child support and custody are two different things.

Child support is monetary and court ordered.

Whether your boyfriend files for custody or not, you should have the father's name on the birth certificate if he is the father. The birth certificate is acknowledgment of a child's birth and should not be used as a weapon for custody or money. If the boyfriend is threatening custody, let him! Get a custody order and tell the judge about his threats.

You know, it is really disgusting that people will consider not naming the father of a child on the birth certificate because if something happens to you, your child's well being maybe in limbo due to withholding that information.

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