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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36505
Experience:  25 years of experience helping people like you.
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Hello, Im doing some research for my nephew: He has been with

Customer Question

Hello, I'm doing some research for my nephew: He has been with a woman for 13 years not married has a child 13. want's to get out of this very bad relationship. Want's to be able to have rights to the child. Can't get the woman to leave.
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Hello and good morning,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. Is your nephew's name on his child's birth certificate?
2. Has there ever been any court action or legal proceeding involving the child?



Thanks!

Customer: replied 1 year ago.


No court action

Expert:  FiveStarLaw replied 1 year ago.


Is your nephew's name on his child's birth certificate?

Customer: replied 1 year ago.


NO

Customer: replied 1 year ago.


Having a problem with your system ! were does your answers post / e mail or on your site. when I answer it sends me back to places I have been.

Expert:  FiveStarLaw replied 1 year ago.
Thank you for your reply Wayne.

Since your nephew's name is XXXXX XXXXX his child's birth certificate, he currently has no parental rights. Absent the establishment of paternity, an unmarried father has no parental rights as he is not legally recognized as the father.

When a child's parents are unmarried the mother has sole custody unless the father takes some action to establish his paternity. If no paternity is established, the father has no rights regarding the child.

Fortunately once paternity is established, both the father and the mother will have equal rights to custody of the child.

Therefore, the first thing that your nephew must do is establish paternity. To establish paternity your nephew must file a paternity action in the district court where his child resides or have the mother sign a voluntary acknowledgment of paternity.

I hope this helps.I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 1 year ago.


How can he get her out of his house that's in his name only. What about a restraining order.

Expert:  FiveStarLaw replied 1 year ago.

He can obtain a restraining order and have her removed immediately if he is in fear of physical harm. He can also file an eviction action after providing her with 30 days written notice. However it is important to note that since your nephew's name is XXXXX XXXXX his child's birth certificate, she has the sole right to take the child
Customer: replied 1 year ago.


Is there a common marriage law in Kentucky. Also does she have any rights to any of his property.

Expert:  FiveStarLaw replied 1 year ago.

Is there a common marriage law in Kentucky.
No

Also does she have any rights to any of his property.
There are not any property rights available simply because they reside together
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36505
Experience: 25 years of experience helping people like you.
FiveStarLaw and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I HAVE A FEW MORE QUESTIONS: IS THERE SOMEONE ONLINE NOW THAT CAN WORK WITH ME.

Expert:  FiveStarLaw replied 1 year ago.
Hi Wayne,

It would be my pleasure to work with you. Please open a new question page by posting your question at this link: http://www.justanswer.com/law/expert-fivestarlaw/
Customer: replied 1 year ago.

A few questions regarding previous chat:

1. Who and how to give evection notice and how much time should be given.

2. Child support $ when and how much.

3. Will he have visitation rights.

4. If she makes this hard for him what action can he take.

5. Taking the daughter to counseling / will this be a good idea.


 


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