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  That's White "Man" to You
Posts: 5515
 
| RocketPilot - 2014-08-04 3:54 PM Whiteboy - 2014-08-04 3:15 PM To add to the above, go talk to THE VERY BEST lawyer in town. That way "She" can use him/her. ^^^This. But I think you mean so that she CANNOT use that lawyer.
Yes, thanks rocketpilot!! |
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 Not Afraid to Work
Posts: 4717
 
| I dont mean this to sound harsh but the father should have taken her to court from the VERy beginning! You need to have a custody agreement or she can literally do whatever she wants until there is a court order defining custody (legal and physical).
In MN having his name on the birth certificate means NOTHING... you have to sign a Recognition of Parentage if the two were not married. In MN you are assumed legally the father if you are married.
I know lawyers are expensive but hire the best in town. Document everything that occurs and save all conversations if in writing. Dont feed into her fits and try and stay out of it because all your actions can be used against you as far as the best interest of the child when and if it goes to court.
good luck |
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 Expert
Posts: 1440
 
Location: Texas | I may be the odd person out but I'd he SURE via DNA that he is indeed the father? If he asked her to marry him and she threw the ring in his face she may just be stringing him along for a free ride. Regardless a good lawyer is in order |
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Boot Detective
Posts: 1898
| I would advise the "baby daddy" to take that baby and have it DNA tested (without her knowing) first and foremost. Then he will have the evidence he will need in court to establish visitation rights. I agree with all the other comments to go to the BEST attorney and save all records of financial support and conversations. The next advice I have (I apologize in advance but I have closely watched a similar situation) is get OUT of that relationship until he washes his hands of the "baby mama". She should not be living with him in his house if he is dating you. That is a huge disrespect for you and you can bet there is still something going on between them. I know a guy that talks SO BAD about his ex, rants on and on about how psycho she is, blah, blah, hates her, blah, blah, but then everybody sees him talking to her frequently in public and hanging out with her like that is his best friend. His fiance was so shocked to see his phone records and text msgs between him and "psycho ex". (He was deleting all his msgs and swearing he ignores all her msgs). I hope your situation is different but definitely keep both eyes wide open. |
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 Elite Veteran
Posts: 1182
Location: Do I hear Banjos? | I hope the OP comes back on and updates us...and clears up the questions about the living situation etc. I know it's none of our business...but she has made it a big curiosity for us. I also hope for the child's sake that the parents can get it all ironed out. The children always lose in these things...and they are the only innocent party. |
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Elite Veteran
Posts: 915
Location: SE KS | angelica - 2014-08-04 3:53 PM
It sounds like the father needs to take the X to court and get joint custody legally. That way when he makes the X move out he can call the police if the X trys to keep the child from him!! If he is a good father he will be given joint custody.Maybe the X doesn't have the ability to get her own place to live, maybe her income isn't good enough to move out. Maybe the father can help her get her own place by providing child support above and beyond what he provides the child. If he wasn't married to the X he should get a test to know if the child is his and take her to court period! It is not legal for the mother to keep the child from the father if he gets joint custody! sorry and good luck! On a different note are you sure he wants her to move out?
It may not be legal for the X to keep the child away from its father, but that doesn't stop them from doing it!!!!
I know, been there done that!!!!! |
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Elite Veteran
Posts: 831
| barrelracin85 - 2014-08-04 3:58 PM
I do not know MS law but in Tennessee if the father and mother were never married the mother has FULL custody of the child regardless if the fathers name is on the birth certificate or not. In order for the father to have LEGAL rights he must go through court and establish custody and visitation. In TN child support is completely separate from custody. I agree get the best lawyer you can. If you are close to Memphis I can give you my lawyers name and number. He just won our case to terminate the parental rights of my sons birth father. You need to be keeping detailed phone records for each month, copies of text messages if you can keep those. keep in mind phones can die at any time so emailing copies or some sort of back up is recommended. Keep track of every single payment and whatever you do don't pay in cash. Journal/log any visitation dates and times, also any time spent extracurricular (sports, church, parties). My sons birth father couldn't provide any of the above because there was none but if there had been the proof was needed in documentation. He said/she said is NOT good. Dates must correspond or any GOOD lawyer will use any tripping over yourself to show doubt/deceit. In TN parental rights can be terminated after 4 months of no contact (token visitation does not count) and/or 4 months of no financial support. If he can prove she DENIED him contact and intentionally refused money you can win your custody case and it looks very very bad for her in court. In my case I provided years of phone records showing where every call and text was returned and showing where he did not contact at all leading to willful neglect on his behalf. Be prepared to spend money but it is something that needs to be fixed legally as soon as you can.
Dang I wish it was like that in Texas!! Dead beat dads are heroes around here!! 
I wish I had some advice for u!! But I honestly really don't!
Edited by ready2rodeo 2014-08-05 3:00 PM
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