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mother and father rights..

oso0960

New member
pleaseeeee straight answers, joke or whatever, but i want some straight answers because i really want to help my friend.

My friend had a baby with his girlfriend, and they got into a fight. His girlfriend left with her dad to eat out and never came back for a few days and he was like where the fuck did she go with the baby??? She then called him a week or so afterwards to tell him that she's in North carolina (from florida) with her dad and that she's going to live up there now with the baby and her dad. Does my friend have any rights to take his baby somehow? He wants to see and be with his baby again but doesn't know what he can do to get his baby back. Any help?
 
If he can get his hands on the baby, sure. But he can't physically force it, for that he'll need a court order. Once someone has physical custody, barring no order from a court, they have it in the bag until the court intervienes.

There is some good news. Has paternity been established? I.E. is he on the birth certificate?

How long have they lived together in Flordia? Most state / counties: if you have been there over 60 days - sometimes 90 - that's where the custody hearing will take place, but he needs to get to the court and file for custody pronto to establish a case asap.

Once that's done, she'll have to come back to Flordia to answer, if she doesn't then he'll get default and will be able to enforce that custody order through the county in which she is in within NC. Any action she attemps in NC after action in Flordia is set in motion is null and void assuming they were in residence together in Florida for 60-90 days depending on the states laws.

So..

1. Establish a custody hearing in Flordia ASAP. She'll have to come answer in Florida.

2. If he can schmooz her into just letting him see the child, and just pick her/him up - he can walk away with said child and nobody can do nothing about it without a court order. But the same goes in reverse, he'll have to keep her from seeng the child - and when he goes to explain to the court why - he'll have to say that she basically kidnapped the child without a word until after the fact.
 
In order to establish a custody hearing you have to go thru the legitimation process. If they were never married you legally have no rights to the baby as it stands. (as much as that sucks...it's true)

I'm not sure about FL but I know in GA you can pursue a custody suit while filing for legitimation of the child. He needs to get on that NOW...the longer he waits to legitimize the baby....the longer (in the courts eye) he'll look as if the baby is not a priority. Regardless of the outcome...he wants to get legal rights to the baby.

He should be proactive before she slaps a suit for child support on him.
 
thank you! Though his name is not on the birth certificate, he is the true father of the baby (if that means anything with the parent responsibility rights thing)... (here's something he wanted to add in to see what he is left with---->) he waited an entire year without doing much. He did get some papers from the court but he never filled them out. is he pretty much out of luck?
 
oso0960 said:
thank you! Though his name is not on the birth certificate, he is the true father of the baby (if that means anything with the parent responsibility rights thing)... (here's something he wanted to add in to see what he is left with---->) he waited an entire year without doing much. He did get some papers from the court but he never filled them out. is he pretty much out of luck?
What kind of papers? He's not out of luck if he's the father of the child. Is there ANY question in his mind that the baby is his?

If he REALLY wants to wow them, he could go file papers through child support recovery services. They would then have to track her and the baby down.

He's not out of luck if he's the father. That does suck that he's not on the birth cert BUT doesn't dismiss him as the father of the baby. He needs to get on it now and get the legitimation done. STAT! Seriously, tell him not to wait. The longer he waits...the judge is going to want to know "why did it take you x years to step up as this babies father?"

It sucks I know...but it's true. He could be THE BEST dad in the world. Perception is everything.
 
Yeah.. if he isn't on the b-certificate, he definetly is going to have to establish paternity.

With this being over a year ago, I am not so sure he can force her to come back to Florida anymore. I was presuming this just happened.

Like HH said... paternity is the first and foremost item he needs to take care, and like yesterday. Then he can move forward. With parternity established, he has no more rights than I.

OH.. and scrap the idea of snatching the child back until paternity has been established... LOL.. that WILL get him in alot of fucking hot ass water..
 
habitualhealth said:
smartest advice you've given so far. dork.


Yeah, he...go steal the kid. Hale yeah!


Oh STFU!

My advice was solid, assuming paternity was established... el bitcho!
 
JH1 said:
OH.. and scrap the idea of snatching the child back until paternity has been established... LOL.. that WILL get him in alot of fucking hot ass water..

lmao that was hilarious though.


thank you both for the help, I hope he'll be able to see his baby again soon.

:beer:
 
what about parental kidnapping?
 
As far as I know he will have to go through the family court system up where the child is residing.It all depends on their laws and rules.
 
Did she file for temporary custody thru the courts? It can be done by either party... whom ever does it first gets the child until the courts review the case. I have seen this many of times, even thought the parent whom files should not have temporary full custody, seems our court system is set up on a first come first served basis, not a who can tend to the child the best basis.
 
The guy doesn't seem to responsible or he simply doesn't care for the baby if he has waited a year to file paperwork which he has had.

Maybe the baby is better off with the mom.

Something to think about.
 
habitualhealth said:
actually jh1 and I have a baby collecting biz. have your boy call us.

I never realised that the "southern states" were still so fucked up... Who would have thunk it??
 
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