What can I do to keep my daughter away from her dad? 22 Answers as of July 03, 2013

What can I do to keep my daughter away from her dad? I feel like my daughter shouldn't be with him right now. He has a drug problem, and he is neglecting our daughter. Also his name isn't on the birth certificate.

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Alfred Law Firm
Alfred Law Firm | Janice Alfred
If the child was born out of wedlock in the state of Georgia and has not been legitimated by the father, then he is not considered her legal parent and therefore he has no parental rights.
Answer Applies to: Georgia
Replied: 11/7/2011
Law Office of James Bordonaro
Law Office of James Bordonaro | James Albert Bordonaro
If the father is not exercising his visitation and paying his child support then you should file a petition to terminate his rights. If you don't have custody agreement yet, then file a petition to establish custody and request that his visitation be supervised and that you have sole custody.
Answer Applies to: Kansas
Replied: 11/3/2011
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
If the child was born out of wedlock and the biological father has not legitimated your daughter, then he has no legal rights in Georgia, until he legitimates her.
Answer Applies to: Georgia
Replied: 11/3/2011
Law Office of Kathryn L. Hudson
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
If the child was born out-of-wedlock and there has been no petition of paternity filed by the father granting visitation the mother is deemed to have sole custody, care, and control of the minor child. You can deny visitation and should if you feel the child is not safe in his care.
Answer Applies to: Arkansas
Replied: 11/3/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You should file a paternity action to establish the father as such and a motion to ask for sole legal and physical custody to protect your daughter.
Answer Applies to: California
Replied: 11/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You have omitted all the information that legally matters so there is no way to answer. What state are you in? Is the child legitimated? Is there a court custody order? Since you omitted that there is no way to answer.
    Answer Applies to: Georgia
    Replied: 7/3/2013
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, two important questions: (1) were you and the person you're saying is the father ever married to each other and (2) was there ever a paternity determination made, either through the declaration process or through court action? If the answer to both of those questions is NO, then, the best that the man is at this point is an "alleged father." As an alleged father, he doesn't have much if any rights to the child. On the other hand, he doesn't have to pay child support either. Further, if push comes to shove in court, the fact that you are alleging that he has a drug problem and is neglecting your daughter would also be in your favor.
    Answer Applies to: Washington
    Replied: 11/3/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you are not married to the father and he has not legitimated the child, then he has no rights to the child and you have the right to deny him access to the child. If there is a custody/visitation order in effect then you are bound by that order until it is modified by the court. If you are married to the child's father, he has equal custodial rights and you would need to file for divorce in order to get a court order regarding custody/visitation.
    Answer Applies to: Georgia
    Replied: 11/3/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If the father is not on the birth certificate that suggests that there has never been any judicial proceeding to declare him to be the legal father or to give him any specific parental rights. If that is true, he has no rights and you have full legal authority to deny him any access to the child until a court establishes paternity and specific legal rights.
    Answer Applies to: Colorado
    Replied: 11/3/2011
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    The courts are very reluctant to keep biological parents from having any contact with their children unless it can pose a danger for the child to be around them. What you should first do is get an order from the Family Court granting you full custody of your child. As part of the process, you can request that the father not have any right to visitation. You should ask in the alternative that the court limit the visitation to daytime hours in a public place, that way you can ensure that your daughter is in a safe environment. Right now you do not have any duty to allow your daughter's father to take her, as he does not have any court order granting him the right to do so, nor does he have any paperwork that states he is the father.
    Answer Applies to: New York
    Replied: 11/2/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    If you don't have a Family Court order establishing custody, you can apply for custody and request from the Judge that your daughter's visitation with her father be supervised or limited until he is drug free. If you have an order of custody, you can file a motion to modify the custody order.
    Answer Applies to: Nevada
    Replied: 11/2/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    File a parentage action and seek an appropriate parenting plan.
    Answer Applies to: Washington
    Replied: 11/2/2011
    Law Office of Joseph M. Rameaka
    Law Office of Joseph M. Rameaka | Carol L. Ricker, Esq.
    You should file a Motion for Custody and Physical Placement asking that you have custody and placement of your daughter with visitation rights to father. You would also request that visitation be supervised and based on clean drug screens.
    Answer Applies to: Rhode Island
    Replied: 11/2/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    If your daughter is in any form of danger around the father, you are obligated to protect her, and if you do not do so, and there is a Social Services issue, the both of you could lose custody to the State for a period of time, or forever in a serious case. The issue is not what you "feel" but if there is a real and present danger. If his "drug problem" is an illegal use problem, the answer should be obvious. Also, if there is negligence in the care, protection should be sought. If the neglect is simply not spending time or something of the sort, then that is NOT a reason for LEGAL concern. When you are dealing with children, competent legal representation should always be sought, as the subject matter of the litigation is so very important.
    Answer Applies to: California
    Replied: 11/2/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If you want sole physical custody, with only supervised visitation for dad (for instance, until he gets into rehab and can demonstrate progress), then you will need to file a custody motion with the court. It is not possible to describe in a few paragraphs the procedure, nor what facts to provide in your supporting declaration to the custody motion (as you've not provided that info in your question). It would be best to contact a local family law lawyer to help you, or if you can't afford a lawyer, go to your local courthouse, where there should be a free legal self-help center.
    Answer Applies to: California
    Replied: 11/2/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Get a restraining order. Temporary restraining order; notice; hearing; duration. A temporaryrestraining order may be granted without written or oral notice to the adverseparty or that partys attorney only if (1) it clearly appears from specific factsshown by affidavit or by the verified complaint that immediate and irreparableinjury, loss, or damage will result to the applicant before the adverse party or thatpartys attorney can be heard in opposition, and (2) the applicants attorneycertifies to the court in writing the efforts, if any, which have been made to givethe notice and the reasons supporting the claim that notice should not berequired. Every temporary restraining order granted without notice shall beendorsed with the date and hour of issuance; shall be filed forthwith in the clerksoffice and entered of record, and shall expire by its terms within such time afterentry not to exceed ten (10) days, as the court fixes (except in domestic relationscases, the ten- (10-) day limitation shall not apply), unless within the time so fixedthe order for good cause shown is extended or unless the party against whomthe order is directed consents that it may be extended for a longer period. In casea temporary restraining order is granted without notice, the motion for apreliminary injunction shall be set down for hearing at the earliest possible timeand takes precedence of all matters except older matters of the same character;and when the motion comes on for hearing the party who obtained the temporaryrestraining order shall proceed with the application for a preliminary injunctionand, if he does not do so, the court shall dissolve the temporary restraining order.On two (2) days notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe,the adverse party may appear and move its dissolution or modification and in thatevent the court shall proceed to hear and determine such motion as expeditiouslyas the ends of justice require.
    Answer Applies to: Alabama
    Replied: 11/2/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Whether his name is on the birth certificate is not relevant. Is there a paternity order recognizing him as the biological father and granting him parenting time? If he is a danger, has he been arrested and convicted on drug charges? Has protective services investigated him for abuse or neglect?
    Answer Applies to: Michigan
    Replied: 11/2/2011
    Lana Panagoulia Law, PLLC
    Lana Panagoulia Law, PLLC | Lana Panagoulia
    Under Michigan law, and under the limited facts you provide, he may has no rights unless he files a paternity action. A DNA test would be required. Did he sign an acknowledgment of paternity? If the answer is yes, he may have legal standing. Contact a family lawyer to make sure you know your rights.
    Answer Applies to: Michigan
    Replied: 11/2/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If there are no court orders for custody/parenting time, you are not required to allow him to have access to her if you believe this is not in his best interests. If he disagrees, he can file a custody/parenting time action with the court and the judge can decide what is in her best interests.
    Answer Applies to: Arizona
    Replied: 11/2/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Has there ever been a legal paternity determination? If not, it would be in your daughter's best interests to get that done through the courts , and as part of the process, ask the court to severely limit (or eliminate) his time with her.
    Answer Applies to: Florida
    Replied: 11/2/2011
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