Comments on: does any one know about family law and fathers rights?

By: SUNSET

SUNSET — Thu, 05 Mar 2009 18:45:03 +0000

has hes the father he has every right to see the child and she should stop the fighting for the sake off the baby

By: his_domestic_goddess

his_domestic_goddess — Thu, 05 Mar 2009 00:23:45 +0000

Good news!! The law changed in December 2003 allowing fathers who have their name on the birth certificate equal rights.

Your brother needs to let the ex know this and agree access. If they cant agree, then he will have to go to court.

Him walking out on her will not become a factor in preventing access. Only if SHE can PROVE physical/emotional/mental abuse then things can get tough.

He needs to arrange a method of paying child support. My ex pays £100 and 50% of whatever nursery fees for our son via direct debit per month. This is reasonable for a child as when the child is away at dads, mum can work part time. I would strongly avoid using the CSA as they are incompetent. They took £200 odd from my ex and gave me £12 odd. Were still clueless as to were the money went.
Let the mother know this as she may think the CSA work in her favour and she will get a ton of money from him.

Grandparents have no rights over their grandchildren weather they are caring for them full time or not. They only people who have rights to a child are the biological parents (adoption exempt)

By: angelssoulslost

angelssoulslost — Mon, 02 Mar 2009 19:44:02 +0000

I’ve been through all of this.
In ILLINOIS, It doesn’t matter whether the child has his last name or not and it doesn’t matter if he is on the birth certificate.
If the two have been married, he automatically has rights, if they were never married, he will have to go to court and get right and he has to be one heck of a bad guy to NOT get visitation of some sort and will be court ordered to pay child support as well.
Shoot, he wouldn’t even have to have an attorney here in IL and still be able to get visitation. What I would suggest first off though, is for him to talk to her if possible and see if they can reach some sort of agreement beforehand and if she’s not willing, then try for custody, but then he would have to be reasonable with her though.
Good luck.

By: loubylou

loubylou — Sun, 01 Mar 2009 08:06:47 +0000

WELL ID SEEK LEGAL HELP THE MAIN THING IS THAT IF SHE WAS A DECENT WOMAN THEN SHE WOULDNT USE THE CHILD AS AMMO YOUR BRO NEEDS TO MAKE SURE HE PROVIDES FINANCIALLY FOR THE CHILD AND NEVER GIVE UP FIGHTING TO SEE IT

By: My name's MUD

My name's MUD — Fri, 27 Feb 2009 16:03:20 +0000

The law recently changed!

NOW the make or break of this is weither he has his name on the birth register as the father!! As they were not married.

This signing gives him what is known as Parental Responsibility, mothers already have this by giving birth, and it helps a lot if you go to court. You could apply for PR anyway, if you didnt sign the birth entry.

If he was there to sign the register it will be easier for him.

As long as he has not been causing emotional/domestic etc etc problems and there is nothing un towards happening, then there is no court in the land who would stop the baby seeing his dad.

This is usually deemed as ‘reasonable contact’, on an agreed time/dates etc, if you can just get a relative to go around and negotiate a regular 4 hours a week, and build up from that, then this will be a start.

If your brother has a bedroom suitable for baby he could have overnighters too, and it gives mum a nite off! (So usually tired mums agree to this).

Problems with contact arise when times/dates are not met, or baby is returned too late or dirty, or other similar such things.

It is better to do ’something’ to start the contact now, rather than leaving it for the dust to settle fot too long. As a court may say, ‘why havent you bothered for six months’ ?? etc.

Do try normal negotiating, forget expenses such as solicitors.

I suggest the Dad (or his family) help by purchasing some nice things to send back with baby, as a little sweetener.

Clothes and basics such as toys,nappies,wipes,shampoo, milk,rusks etc etc and similar (all cheaper than a solicitor). If the child going back to mum in nice clean state, bathed, wearing new clothes, and the old clothes returned in a bag, it is better than taking a scruffy child back who’s hungry and unwashed.

Of course the dad has rights, no court would refuse dad sensible contact.

By: Linderfan

Linderfan — Thu, 26 Feb 2009 06:10:50 +0000

This will depend on the state and their laws. I went through the same thing in GA. I had to take her to court to have my child legitimized. Before that, I had NO rights to her. Even if your name is on the birth certificate (which mine is), Even if the child has your last name (mine does), You will not be recognized as the “legal” father until you request legitimization from the court (Ga Law). With me, I forced her into court because she wanted me to forget that my daughter existed, Not gonna happen with me, I spent over $450.00 on a paternity test (I already knew, I had to PROVE it) and over $2500.00 in legal fees. But I now have parental “rights” to my daughter. Good Luck my friend, and trust me when I say, the courts are against you….er… your brother.

By: srracvuee

srracvuee — Mon, 23 Feb 2009 19:15:22 +0000

he hasn’t done himself any favours by leaving the house that is regarded as walking out// however he is allowed to see the baby but generally restricted//he now has to engage a solicitor

By: pamela g

pamela g — Sat, 21 Feb 2009 02:13:25 +0000

get it sorted legally. my partner went through hell with his ex. ex’s turn into witches overnight. using the child is a way of getting back at the father.
i wish him luck

By: nursecracker

nursecracker — Fri, 20 Feb 2009 14:27:32 +0000

if it’s his son, he has the right to be a father and to visit.

he will also have to provide financial support.

your brother needs to acquire legal help.

i’m sure things will work out in time… take care, and let your brother know i’m thinking of him!

By: phil the rum drinker

phil the rum drinker — Wed, 18 Feb 2009 14:40:17 +0000

He has every right to see child under british law, if she`s making it hard he should see a solicitor. It`s very wrong to use a child as a weapon, she is obviously trying to get at him.
He should get some legal advice as soon as possible, you can get a free half an hour with most solicitors.