Question:
My ex-girlfriend is pregnant and is expected to have the baby within the next two weeks. She will not tell me when the baby is about to be born and has advised me that she will not allow me to see the child.
I fear for the baby’s safety with her because she has neglected her other children before and has taken painkillers, even when pregnant.
How do I file for custody if I don’t know my baby’s name or when the baby will be born? What are my rights?
Answer:
While I am not licensed to practice law in your state, I can give some general guidance on this issue. Additionally, as I do not have all the facts of your specific case I cannot provide you a full and complete response.
In many states, a paternity action is filed between the parties. The initials as well as the month and year of birth are included in the pleadings, however it can be plead that the name of the child is unknown and the child has not yet been born.
In some states, a father of a child born out of wedlock does not have rights until he files a petition for paternity and the court grants him custody or visitation rights.
The paternity of the child has to be established before the court will grant the father’s rights. Since you are concerned for the child’s safety, it is very important that you file the appropriate action immediately.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Oklahoma attorney Kristy Loyall, contact Cordell & Cordell.
