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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33468
Experience:  16 yrs. of trial experience
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My son will soon be a father/he is 20 and his girlfriend is

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My son will soon be a father/he is 20 and his girlfriend is 20. They don't want 2 get married. The girlfriend lives with her mother and another sister ...this sister has been asked to leave the home on several occasions;;;she is bi-polar( 25 yrs. old), she physically attacks the mother and becomes physical with my son's girlfriend. What rights does my son have in order to keep the expectant child safe? The girlfriend will deliver July the 18th.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am very sorry to have to bear bad news. As an expectant father, there is little if anything he can do. He can report this to local law enforcement and to DFCS (chid services)...if it is clear that mom is endangering the child, then the state could take this to court.

But as the putative father, until paternity is acknowledged or established (and if they are not married this can only happen at birth) he has no legal standing with the unborn child.

SO if he fears for the child's safety, he should contact child services and request they engage to protect the unborn child.

Now...after the birth of the child it gets easier (for dad). If more acknowledges him as dad he can be added to the birth certificate. If mom refuses to do so, he can go to court and ask for a DNA to establish paternity. One he is established as father he has standing and can go to court and seek custody of the child.

BotXXXXX XXXXXne: until the child is born there is little he can do, since he is not the father in the eyes of the law. Once the child is born? Then it is possible for him to establish his paternity...one he does that? THen it is easy for him to go to court to protect his child

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