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Sweet28

Need help (denied by his american citizen father)

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Filed: Country: Vietnam (no flag)
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If you or he wants to go to court to prove he is the father, then either if you can do that.

If he is declared the legal father, then he gets all the rights of being a parent.

If you want to put limits on his parentage, then you need to show good cause.

Good cause does not involved him braking up with you or the "abandonment."

Good cause means why he would be a danger to his own child.

The US is reluctant to deny a child access to a parent without good cause.

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Filed: Country: Vietnam (no flag)
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Seems like your only motives for going to court is money and revenge for leaving you and the baby.

If you want him to be held accountable in court as a parent, then be prepared for him to exercise his rights as a parent.

You want to put limits on his parentage, then be prepared to show why your son would be in danger in his father's custody.

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Filed: K-1 Visa Country: Philippines
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Here's the thing what we already reside with my new partner in california, what if his biological father will decide to get the child or see the child does he has the right even though he denied already the child?does he has the right to file for a custody,without any proof that he is really the biological father? Or any idea what to do? Cuz i wont let his father to see or get my son ..after he denied the child!..thanks alot..

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Filed: Country: Vietnam (no flag)
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He has no rights until he (or you) establish in court that he is legally the father.

His proof is the same instrument you have intended to use against him - a court ordered DNA test. What's good for the goose (you) is good for the gander (him).

You have been given plenty of advice on what to do.

1. Leave him alone and raise your son by yourself; or

2. Sue to establish he is the father and deal with him as the legal father.

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Here's the thing what we already reside with my new partner in california, what if his biological father will decide to get the child or see the child does he has the right even though he denied already the child?does he has the right to file for a custody,without any proof that he is really the biological father? Or any idea what to do? Cuz i wont let his father to see or get my son ..after he denied the child!..thanks alot..

I will tell you this frankly, since you really dont know what you want...if you chase him for him to recognize and give support to your child, so by that, he have the right to see your son, he's reason will be like this, why you are chasing him if in the end you don't want him to see his child? Just giving support is what you need..but it's not possible to be just like that..you are not chasing only the father but you are also chasing big problems in the future, move on and forget him..before you can file any case you have to prove first that he is the biological father, don't jump by asking how you sue him.. first of all DNA will be required for you to be able to sue him..oh it's getting complicated my dear?

Edited by hardrockangel
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Filed: Citizen (apr) Country: Iran
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First you have to establish paternity. This is usually done by going to the local child support office and filing some forms. They might find him and if they do he will be court ordered to have a paternity test. If it is determined he is the father there will be a hearing where he will be ordered to pay child support. At that point he could file in family court for visitation and/or custody. He is almost guaranteed to receive visitation unless you can prove he is a murderer. If he files for custody you could have a several years long court battle. In family court you either represent yourself or pay for an attorney. If he decides to fight for custody you could be looking at thousands of dollars to fight to keep your child.

He can file for a paternity test with the child support office without your permission. Again if it is shown he is the father he could file for visitation/custody.

So you could:

1. Leave things as they are

2. File for child support and hope he wants nothing to do with the child

3. Obtain child support and him receive visitation

4. Obtain child support and spend thousands fighting him for custody.

Please note that some fathers decide it is cheaper to fight for and obtain custody than pay child support. If he gains custody you will pay him child support.

Edited by belinda63
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Filed: Country: Vietnam (no flag)
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In addition, the failure to pay court ordered support will probably not affect his visitation or joint custody rights.

My daughter's baby daddy has continually failed to pay child support, and the court still allows him to take the baby away for the weekends.

Edited by aaron2020
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Filed: Country: Philippines
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Here's the thing what we already reside with my new partner in california, what if his biological father will decide to get the child or see the child does he has the right even though he denied already the child?does he has the right to file for a custody,without any proof that he is really the biological father? Or any idea what to do? Cuz i wont let his father to see or get my son ..after he denied the child!..thanks alot..

If you won't allow the father to see his son, then you better not open that can of worms by using the family court. The fact he denied your son verbally does not mean he's legally given up his parental rights.

Go to family court, then be prepared for the father to have your son every other weekend. Take the advice already given -- you might want to leave this alone.

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Greenbaum, on 16 Jun 2014 - 06:46 AM, said:

I agree with "hardrockangle" that maybe you should leave well enough alone as your options are very time consuming and costly. If you are happy with your current "husband" and he has accepted your child then I think that it is the best for all three of you.

Sweet28, on 16 Jun 2014 - 10:26 PM, said:

Ok...thanks everyone..but what if he will file for the custody of the chilid?is it possible?

Like I said on page one. Let this alone as it will become a nightmare and you will wish you never started the process. Just get on with your life, love your son and let your new love (husband, boyfriend or lover or whomever) teach him about being a man and taking responsibility and having respect for women and life.

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Filed: K-1 Visa Country: Philippines
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Ok...thanks everyone..but what if he will file for the custody of the chilid?is it possible?

Life is full of "what if"s, but sometimes as many here have said, it's better to live life with those you love, thinking of those you love, moving on from the past and living in the here and now.

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