Posted 24 February 2013 - 10:28 AM
Posted 24 February 2013 - 12:45 PM
Posted 25 February 2013 - 06:22 AM
Posted 25 February 2013 - 06:33 AM
One issue that exists here is that it does not appear that the father's paternity was ever established. I suggest you consult with an attorney in Alabama where the child lives about possibly seeking a guardianship.
Posted 25 February 2013 - 10:06 AM
Posted 25 February 2013 - 10:26 AM
the father has had a dna test and Wyatt is his.
By itself, that DNA test is legally meaningless. It appears obvious that the child was born out of wedlock. When that is the case, no man has any enforceable parental rights until such time as paternity is established and a court enters an order allocation custody and visitation between the parents. It may be that paternity was established in some way that is legally binding under Georgia or Alabama law. However, if that happened, it is not apparent from any of your posts.
Also, in your original post, you said that the father "now wants to take custody of" the child. However, in your first follow up post, you said that the child is living with his father in Alabama. If, in fact, he is living in Alabama with his father, then it appears the father already has taken custody (although the circumstances regarding how that happened aren't clear).
Query how you, an unemployed person who claims to have "no assets whatsoever," believe you can provide any sort of suitable living environment for the child. While the father may work 60 hours per week, that still leaves about 3.5 waking hours per day for the father and child to establish a bond, which isn't much less than a lot of parents. Given how very young the child is, I don't see much of an issue. As the first response noted, courts are almost always going to favor a parent over a non-parent in the absence of parental unfitness. If the worst thing about the father is that he works hard and has to have his mother and sister take care of the child while he's working, you don't have any sort of valid claim to prevent him from having custody. That said, the circumstances described are such that obtainining an order for visitation shouldn't be terribly difficult.
Posted 25 February 2013 - 02:47 PM
Posted 27 February 2013 - 08:01 AM
none. youre not his mother.once dad establishes paternity he will be first in line for custody, his rights trump everyone else's
My daughter gave birth to a beautiful baby boy named Wyatt on the 3rd of march 2012. I have been watching this young man since then. My daughter has a drug problem and is now in detox and then is going to rehab. The father who has not been there for him his whole life now wants to take custody of him. He is the father of Wyatt but has not signed the birth certificate and has no information on him. What rights do I have since I've been there for Wyatt his whole life?
Posted 27 February 2013 - 09:30 AM
If you handed over the kid without complaint (at direction of mother, I presume?) and have expressed (polite) wishes to have visitation with the kid that are rebuffed (a topic you may revisit from time to time, but don't pester), there's always a chance down the road that the father will be amenable to you being around.
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
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