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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16387
Experience:  Licensed experienced Attorney
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I'm in Nebraska and my child's father is not on the birth

Customer Question

I'm in Nebraska and my child's father is not on the birth certificate. He did not want to pay for the hospital bill. We are not together anymore. He has threatened to take our child from ne numerous times. My child is thirteen months old. Can he legally do this?
Submitted: 4 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 4 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Can you please tell me if the father had filed a petition with the family court to establish paternity?

Customer: replied 4 months ago.
He has not.
Expert:  Alex J. Esq. replied 4 months ago.

Thank you for your follow up.

Did the father mention to you as to why he wants to take the child away from you and if he would do so through the court or without court's order?

Customer: replied 4 months ago.
He told a mutual acquaintance that I am "not getting full custody".
Customer: replied 4 months ago.
He also told me that he has no choice other than to take the baby.
Customer: replied 4 months ago.
It's because I won't be with him anymore. He's emotionally abusive, unstable.
Customer: replied 4 months ago.
That's the reason why. Not even that I won't be with him, but frankly, because I won't be physical with him-- as friends with benefits. That's when this has begun, historically.
Expert:  Alex J. Esq. replied 4 months ago.

Thank you for your follow up.

Generally, the only way a father who is not on the birth certificate and not legally married to the mother at the time the baby is born, can petition to the court for custody / visitation, is after paternity is also established through the court, meaning that the father has to file a petition to establish paternity and the court will order a DNA paternity test and if the father is proven to be biological father of the child, then paternity would be legally established and the man would be considered to be the legal father of the child.

So, if the paternity is established, then the father will be able to file a petition to establish child custody / visitation and the judge will review petition, will also review all evidence, facts, testimonies from both parents and any relevant witnesses and the judge will establish custody / visitation which is in best interest of the minor child and it is uncommon for the court to award sole legal custody to one parent, but in most cases would grant shared custody and would also make one parent a residential parent (usually the parent with whom the child resides at the time petition is filed, unless the circumstances warrant otherwise).

In any case, if in fact any legal proceedings are pursued by the father, it is important for the mother to consult and hire an experienced family law / child custody law attorney to represent the mother and to protect mother's legal and custodial rights.

I wish you the best of luck!

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