Need advise

[Catherine Smith]

What is the name of your state?CA/NM

I have two children with one man. We never got married, but he did sign papers in the hospital stating that he is the father, so that he could put his name on the birth certificate. We met in NM and both children were born in NM. The father went to prison in Mar 2001 for selling drugs to an undercover police officer. He was released in Dec 2003. He sexually assaulted me in 2004 and was put back into prison for violation of parole. I obtained a restraining order which stated that he was not allowed to contact me or the children for 6 months. I was unable to renew the restraining order because he had not done anything wrong within that 6 months time (he was in prison, how could he?). My case against him was dropped (not by my choice), so I moved out of NM for fear that he may attack me again. I moved with the children to CA. What rights does he have to my children? We never went to court over child custody. Would I be able to obtain sole custody of my children in the state of CA? Please help.

 

[Zephyr]

if you guys never went to court to make him the legally responsible father of those children, then you probably already have sole custody of them. he has never had any orders allowing him visitation? does he pay child support?

 

[amiegaines654]

Unfourtunatly, if she put his name on the birth certificate, he does have rights as the father.

You will have to go back to court to modify. I hope that you can get away from him, but it may be a tough road.
Best of luck!!!

 

[Zephyr]

he may have rights as a father but he has never gone to court to establish what they are, she is free to move where ever she likes. there is no visitation set up entitling him to certain periods of time with the children.

 

[LdiJ]

What is the name of your state?CA/NM

I have two children with one man. We never got married, but he did sign papers in the hospital stating that he is the father, so that he could put his name on the birth certificate. We met in NM and both children were born in NM. The father went to prison in Mar 2001 for selling drugs to an undercover police officer. He was released in Dec 2003. He sexually assaulted me in 2004 and was put back into prison for violation of parole. I obtained a restraining order which stated that he was not allowed to contact me or the children for 6 months. I was unable to renew the restraining order because he had not done anything wrong within that 6 months time (he was in prison, how could he?). My case against him was dropped (not by my choice), so I moved out of NM for fear that he may attack me again. I moved with the children to CA. What rights does he have to my children? We never went to court over child custody. Would I be able to obtain sole custody of my children in the state of CA? Please help.

It sounds like he signed a paternity affidavit so that he could be placed on the birth certificate. Therefore he is the legal father.

He can file for custody/visitation in NM and attempt to have you forced to return the children to NM. Once you have legally established residency in CA (which I believe takes 6 months) he would have to file there. With his history he shouldn't be able to get more than supervised visitation...but your move to CA could be tricky.

When does he get released?...how long have you been in CA?

 

[rmet4nzkx]

While he has rights as the father by signing the acknowledgement of paternity, since there are no orders you are free to move to CA and since there is family and or domestic violence within 5 years, California has statutes that allow emergency change of jurisdiction and custody, without waiting 6 months, if there was a NM order, it would be superceeded by the California statute. I suggest you immediately file for custody and child support.

 

[casa]

While he has rights as the father by signing the acknowledgement of paternity, since there are no orders you are free to move to CA and since there is family and or domestic violence within 5 years, California has statutes that allow emergency change of jurisdiction and custody, without waiting 6 months, if there was a NM order, it would be superceeded by the California statute. I suggest you immediately file for custody and child support.

as rmet said, he will not be given custody in CA courts with conviction of domestic violence within the last 5 years.
Make sure you file immediately in court so that CA can obtain jurisdiction.

 

[Catherine Smith]

It sounds like he signed a paternity affidavit so that he could be placed on the birth certificate. Therefore he is the legal father.

He can file for custody/visitation in NM and attempt to have you forced to return the children to NM. Once you have legally established residency in CA (which I believe takes 6 months) he would have to file there. With his history he shouldn't be able to get more than supervised visitation...but your move to CA could be tricky.

When does he get released?...how long have you been in CA?

I believe that he was released in Dec. I moved to CA in Nov

 

[Catherine Smith]

if you guys never went to court to make him the legally responsible father of those children, then you probably already have sole custody of them. he has never had any orders allowing him visitation? does he pay child support?

We have never gone to court over visitation. He does not pay child support.

 

[crystaly]

You have been in California long enough to file. Do it before he tries to take off with the kids. They told me if there are no court papers giving custody and control to either parent than whatever parent has them is the one with custody. Meaning the other parent has every right to come pick your kids up at school and never return them and there's not a thing you can do about it. It happened to me. I sent my daughter to her fathers for just the summer and it took me almost two years to get her back because we did not have a formal custody order in place. And the only way I got her back was my daughter finally convinced him to let her come spend christmas with me and then she did not want to go back so after six months I filed for full custody and got it.