What’s the chance (living in 2 separate states) would a “dad” who isn’t on birth certificate and wasn’t at birth have of getting partial custody when I have mental health issues and he’s never taken care of a child
That’s a question for a lawyer honestly. Laws vary widely state to state/country to country. You could start by looking up the laws in your area but regardless you need to look at things from a child focused position. Is there a genuine reason not to have him in the child’s life? Could you potentially mutually agree on a trial together to see how things go? Parenting plan?
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So many factors this depends on every situation is different but I hope the dad pulls his weight and be there and you let him x
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Depends how old the child is, also he needs to recognise paternity once that is done if he pays for all travel then pretty good chance of some sort of custody provided he isn’t a criminal
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There’s a good chance if he’s a better fit parent. Parents with mental health issues can create issues in a developing child and it could be detrimental to his life. The better fit parent should have custody to give the child a better chance at life. If he’s never cared for a child he can learn.
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The very first thing the judge is going to do is establish Paternity. If the man is the bio father, he will be added to the BC. Him not being there at the birth doesn’t matter (to the judge.) Once paternity is established, chances are high that dad will get some rights so long as he’s not a violent offender. I live in AL which used to be a “mother’s state,” but my husband has full custody of his son- and honestly it wasn’t hard to get.
If you have mental health issues why wouldn’t you want your child safe with someone else?
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Depends on how good the lawyers are. I was married, he was abusive in every form. He filed for divorce and full custody. So I screamd for psychological tests. He was saying I was insane and had depression and PTSD. He represented himself. I had an attorney. The GAL ordered the psychologicals. The ex went first and my attorney said no way was I taking the test because his results alone show he isn’t fit. So the judge still gave him supervised visits with his parents and I was in contempt because I didn’t allow it to happen as the drunks who abused their kid were going to supervise their abusive kid with a special needs infant. My son is now 11 and he is old enough in our state to have his wished and opinions considered if he ever came back for full custody. or visitation.
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First any court will establish paternity. Once that’s done they will 100% give him an opportunity to be a father…….u better have a darn good reason for keeping the father away or u will be slammed in court. Just an fyi “because he has never taken care of a child” is NOT a good reason to keep a child from a parent. I’m not being a jerk that is the very real reality of the situation. Don’t worry about him worry about you and put the kids needs first!!!
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Doesnt matter if he isn’t on the Birth Certificate or not. The courts will order a paternity test. Everyone has a little mental health issues. The fact that you mentioned yours, may mean yours is a little more serious. They would likely look at if you have ever harmed yourself, been hospitalized, or harmed anyone around you. Their main job is to protect the child at all cost!! If you aren’t seeking help for your mental health do so now, and put your child first.
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If he’s agood man, even in another state, he deserves partial custody. At minimum he should be having the child every other holiday and six weeks in the summer
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If he’s the kids dad he deserves time with his child. If he’s a good man who does good man shit and his residence is safe, there shouldn’t be a problem…
I was in a similar situation. Our case went all the way to Trial. I won sole legal and physical custody of our child but dad had regular visitation schedule. Judge ordered each of us to travel halfway for drop off and pick up.
#1 get a lawyer!
How old is the child?
Not being in the child’s life & not supporting the kid will come into play.
My ex wasn’t in my kids lives for 4 years. Hes on their bc, is ordered to pay cs. He wanted to see them after I tried to move out of state. The fact that hes a stranger, didn’t petition until I did & was behind on CS played major roles in the decision. All he got was phone visits once a week.
If he can prove paternity he’ll get something. Don’t give into pressure to change the child’s name! Hell probably try. Don’t agree to pay for transportation. Tell the court you’ve been & continue to support the child on your own. Having to pay for transportation for him to see his father will take away from you being able to provide for the child. Once you come to an agreement be specific on terms such as 1st right of denial. He can’t let anyone else take care of your child without forfietting his time to you first. If he’s 15 minutes late (or whatever time period you agree on) he forfeits the visit. After so many no shows /late shows he forfeits his visits. You have the right to record transfers & the child has the right to carry a phone to contact you with that he can not confiscate. Etc. Make the custody agreement very clear. This way you both know what page you’re on.