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Family Law Answers, Family Law Attorney
Category: Family Law
Satisfied Customers: 1267
Experience:  more than 16 years experience as an attorney - current family law litigation + mediation practice
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My friend had a baby in September. Him and the mom split up

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My friend had a baby in September. Him and the mom split up before she was born and the mom is only allowing my friend to see his daughter when she says it's alright. If he is with his daughter, the mom is there. For example, she let him see her for about 30 minutes on Christmas & didn't let him out of her sight with his daughter because she thinks he drinks too much. When in fact he drinks socially but not as a habit. Then tonight, her parents are throwing a party where there is drinking. The ex lives with her parents and is still under age and his 6 month old baby is in the house while the party is going on. Is there anything he can do to make sure he gets his full rights to his daughter? He tries his best to see her but it is becoming impossible b/c of his controlling ex. Also, should we call the cops about the party? His daughter shouldn't be there in the middle of a party while my friend is willing to care for her w/o drinking while she is putting the baby in danger.

Hi and thanks for your question.


If your friend is on the birth certificate, then he is the legal father of the baby. If there are no court orders re: custody or visitation, then your friend has just as much right to see and spend time with the baby as the mother does. Just because she is the mother doesn't mean she has more of a right to the baby than he does. Without a court order, they have equal rights to the child. She doesn't have the right to dictate when and where he can see the baby - they should be making mutual agreements re: time with the child for both of them. If they cannot agree as to the custody/visitation schedule, then your friend can file a petition with the court requesting that the court make this decision. He should file the petition in the county where the baby primarily resides.


If your friend is concerned about the safety of his child and believes that she is in danger, then he can certainly call the police to let them know of his concerns for her safety. They could go to the house to do a well child check (basically checking to make sure the baby is OK).


I hope that this answers your question; if so, please click the green Accept button. Thanks very much and I wish you and your friend the best here.

Customer: replied 8 years ago.
The mom wouldn't allow him to sign the birth certificate when she was born. If he is not on the certificate is he still entitled? The problem we're having is he is paying her to help support his daughter but she is being unreasonable when it comes to letting him see his baby.

Hi and thanks for that additional information.


Unfortunately, because your friend is not on the birth certificate, he is going to have to take a couple of extra steps. He will need to file a petition for paternity with the court to obtain a court order finding that he is the father of the child, at which point he can then ask the court to make custody/visitation orders concerning the child. At this point, he will not be able to assert his parental rights until the court issues an order that he is the father.


If I've answered your questions thus far, I'd appreciate it if you would click Accept so that I may receive credit for my answers. Thanks again.

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