Money Business Talk

Business and Entrepreneurship => Mutual Funds and UITFs => Topic started by: zoe on July 21, 2011, 12:03:33 AM

Title: Can she legally do this?
Post by: zoe on July 21, 2011, 12:03:33 AM
This is the situation:

For a while my best friend has been with a guy who has a child by his ex girlfriend who were separated before the child was born. He is now 10 months old.

They split up because he did not want to get engaged purely because other people were telling them it was the ''right thing to do in the circumstances''.  Everything was going fine, they were still having mutual contact and he was present at the birth. His name is on the birth certificate. She asked him back out and he refused as he had moved on and was in a relationship with my best friend.

After he refused to go out with her she has now banned him from having any contact with his child. She is going around telling people he doesnt want to see his child and he doesnt care about him. Also that he beat her up whilst pregnant and after. Also that he is a dangerous person. He keeps texting and emailing them, harassing them about their relationship. She also keeps saying ''if you come over now, you can see him. but we have to be alone and at mine. you have this one chance or you'll never see him again''. he went over despite not wanting to be alone with her. they tried supervised contact but she refused it. When he went round there she laughed in his face and shut the door on him. shes also spreading vicious rumors about him and emailing her parents. What can he do to see his son? Legally?
He's applied for court funding but it doesnt look very hopeful that he'll get it even though he deserves it.
I forgot to mention they live in the UK.
We live in the UK, where DNA tests aren't automatically used to prove paternity. I am not married to my partner when our baby was born. I was told that we had legal equal rights, this applies to everyone. The mothers have to register the babies and if she wants the babies dad on the certificate, he has to be present with her confirming it. I just want to know what would happen if this goes to court.
I think I mislead you. He isn't a dangerous person. She is making all this up because he wouldn't marry her. She's using their son as a weapon.

Title: Re: Can she legally do this?
Post by: Cioara_Presedintel on July 21, 2011, 02:30:51 AM
Unfortunately, yes she can and probably will.

Title: Re: Can she legally do this?
Post by: Bobby_Tims on July 21, 2011, 02:52:42 PM
Sure - hell hath no fury like a woman scorned.

Title: Re: Can she legally do this?
Post by: Dany_Mason on July 21, 2011, 05:37:55 PM
sadly, he doesn't have any legal rights to the kid yet, as they were not married when the kid was born. to get those legal rights, he has to prove he is the father. this takes more than a birth certificate. most courts will order a paternity test. he has to prove that he can be a good father and that he can help support his son. without going through this process, sadly, anything she does to keep him away from his son is legal. he has to get guardianship rights or visitation rights by a court order.

answer mine please? no one seems able to...;_ylt=AjxqHedgyVySnPqOFqzFVx7sy6IX;_ylv=3?qid=20110711085808AAehCnO

Title: Re: Can she legally do this?
Post by: Quizzard on July 21, 2011, 10:38:01 PM
He needs to go to court and get his visitation rights set out in a court order.  If she truly is slandering him, he can sue her.

Title: Re: Can she legally do this?
Post by: Sophia on July 21, 2011, 11:51:09 PM
If she feels that he is a danger to his child she can with hold the child from him but at some point she is going to have to file something with the courts to gain legal full custody of the child. If she can prove that he is a dangerous person and therefore not fit to be a parent then yes she will win custody of the child. She can also file with the courts that the only way he can see his son is through supervised visits, usually someone from the county or whatever it is called in the u.k. will be the one supervising the visits or someone that is of age who can maintain the situation should it get out of control. It doesn't sound like he deserves to see his child if he cannot respect the mother.

Title: Re: Can she legally do this?
Post by: Brendaboo on July 22, 2011, 12:35:57 AM
As a father in the United States you have rights, to cash in on these rights you typically have to hire an attorney for any custody, visitation issues.  From your story it sounds like the mother is using the child as leverage over the father, and trying to get things in return for letting the father see his child.  Hopefully he could call many attorneys and tell his situation, maybe one would help him "pro Bono"

Title: Re: Can she legally do this?
Post by: Alan_Cook on July 22, 2011, 02:57:22 AM
Ask the court for a visitation order.  While he's asking, ask for a custody order as well.

Title: Re: Can she legally do this?
Post by: MSAD on July 22, 2011, 03:11:45 AM
He needs to go to court and get court ordered visitation.  The court will also determine paternity and how much child support he is to pay.

The court will set the visitation.  If she does not abide, then she is in contempt. Then he won't have to go through this non-sense with his baby momma.