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Date: 13 Oct 2003
Remote Name: 22.214.171.124
If he is NOT on the birth certificate and you were not married at the time of the child’s birth (where it was assumed he was born of the marriage) he really has no legal right to the child. If he was a good father to the child, I would say for the child’s sake, being that he is the only dad the child has known, I would think you would want him to support the relationship. But since you say this is only an attempt on his part to assert control and use the child as a pawn, then this is an unhealthy situation for the child to have contact with the man.
There are situations where a non biological parent can get custody, and but I don’t think that you fall into that range.
For Example, my mother raised my ˝ sister since birth, and when my mom left my dad (who was emotionally unstable) he tried to gain sympathy by attempting suicide, resulting in short term memory loss. My grandmother a shrew of a women, kidnapped my sister (my father lived with them) and my mom went to court to get her back. The judge found that my sister had the right to a relationship with the only mother and only siblings she had ever known and was given custody. We continued to see my grandparents and father every other weekend and summers. The judge felt that my fathers mental status was not conducive to caring for my sister without assistance, and felt for all intense and purpose that she should be with her siblings and mom. That case set a president in custody cases. But there were ˝ siblings involved that she was raised with, not so in your situation.
If this man IS on the birth certificate, then you may need to file to establish paternity, otherwise it is assumed by the court that in fact he is the father and he then does have the right to the child and can legally file for custody.
Good Luck Shelly Las Vegas, NV
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