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  • father doesn't want to be involved

    What happens if the father doesn't want to be involved in a case involving a newborn? Mother planning to request support, full custody, and supervised access for father as it was a situation of abuse before the couple split. CAS and police have been involved. Father wants to remove himself from the situation completely. Mother will file immediately when the baby is born. How does court play out if the father has no interest?

  • #2
    Originally posted by 880912 View Post
    What happens if the father doesn't want to be involved in a case involving a newborn? Mother planning to request support, full custody, and supervised access for father as it was a situation of abuse before the couple split. CAS and police have been involved. Father wants to remove himself from the situation completely. Mother will file immediately when the baby is born. How does court play out if the father has no interest?
    If CAS is involved then you should have access to some answers to these questions. They can put you in contact with legal services.

    1) It has to be proven that the person in question *is* indeed the father. The court will request DNA testing if they contest the issue.

    2) Be prepared to complete DNA testing if the other parent is not willing to state they are the parent to the yet born child. You can swear up and down the court room that the other person is the father and they can swear up and down the court room that they are not. The only true test is a DNA test to prove they are the parent of the child.

    3) Court is not required to do ANY of those things and you can make an offer to settle on all the matters prior to going to court. The only reason you would go to court in my honest opinion is to get a DNA test ordered because the person you are claiming to be the father to the child is claiming they are not.

    Good Luck!
    Tayken

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    • #3
      If the baby isn't born, and the father is unwilling to sign the birth certificate or otherwise acknowledge paternity, you will have to file a motion court to:

      a) establish paternity;
      b) request custody;
      c) request child support;
      d) request supervised parenting time.

      He will likely either acknowledge paternity or fight it and get hit with costs if it proven he is the dad. As for custody, there is sole, joint or parallel parenting. Sole custody allows that parent to make the major life decisions for the child like health, religion and education. Joint custody just means there must be a concensus. Parallel parenting means each parent is given final say on certain major decisions. Like one parent gets health and education, the other gets religion or any combo like that.

      He will likely be provided parenting time. You will likely have to prove that he may harm the child to get supervised parenting time. I say that just so that you understand that, just because there were issues between the two of you, doesn't mean he would otherwise be a bad parent....unless, well....he likely would be a bad parent (criminal history/proven drug abuse or mental instability etc). But you will have to provide evidence of this, but given you mentioned the police and CAS are involved, you may have this (but be prepared to provide this evidence and understand they will request it).

      One cannot force a parent to parent. You simply can't fix stupid. If he wants to sit there and turn himself into an ATM and not having an involvement, he can....he's an idiot, but he can.......

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      • #4
        Originally posted by 880912 View Post
        How does court play out if the father has no interest?
        The mother just won the lottery. Congratulations! She can marry somebody else, have a nice dual-income household, and still strip the poor father of most of his income.

        He's an idiot.

        Assuming a middle income father, the mother just won two free luxury cruise vacations a year. I recommend the Disney cruises, they are quite enjoyable.

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        • #5
          Thats assuming baby daddy is responsible .Not every father is.Some will pretty much do anything to stop having to pay a cent to their kids and will waltz across provinces playing dodge FRO.

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          • #6
            In which case this becomes yet another case of "don't stick your dick into crazy...and it's reverse for our female members...don't let crazy stick it's dick into you."

            In any event, you may be very surprised at how much he wants to be involved once he discovers the financial implications.

            The advice you have been given is spot on. He WILL get parenting time. It's just dependant on how much, and whether it is supervised or not. It depends on what evidence you have. (actual evidence, police reports, CAS reports, etc).

            Just because he was an abusive ass to you, doesn't mean he will be that way to the child. Someone can be a shitty partner, but a decent parent.

            Don't be surprised if he gets unsupervised from the get go.

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            • #7
              Child support is a function of his income. If he doesn't have one, there will be no support.

              If he does not want to be involved the courts cannot make him - although FRO will mechanically garnish his income if he has one, involved or not.

              If he does want to be involved then he likely will be.

              Comment

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