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NJ child custody laws

my ex girl friend is go to have are baby at the end of april being of may and 1 week after she found out she was pregent she to off home and has not let me be part of it at all and said that i will not see him and i will know when the baby is born when i get court paper i have tried from day one to be part of my child but she will not let me what can i do anything

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Reputation Level 15
I don't agree with the previous answer. I have seen judges in New Jersey rule more than once that a man who steps forward and says "I'm the father" and owns up to paying support and wants to see the child "is the father until proven otherwise." If she tries to deny you're the dad and it later turns out you are, it won't look good for her. Offer to take a DNA test if she denies it - with the proviso that "loser pays" since she's saying the baby isn't yours.

That said, I do agree that a judge isn't going to order that you be present for the birth - it's too ... personal and medical a situation. But once the baby is born, you're in a different boat.

I'd also suggest proceeding with the utmost caution - if she talks to certain women's groups, she'll be advised to play the domestic violence card and then it's your word against hers. She would undoubtedly get a high level of sympathy walking into a court VERY pregnant and complaining of stress. And DV doesn't mean (like common sense might dictate) physical violence -- if she says she felt "harassed", a judge can grant an RO. A shouting argument can qualify. A "threat" to sue for custody can qualify. Contacting her at all after she asks you not to can qualify. Don't find out the hard way how lax the standard can be - the stakes (your relationship with your child) are way too high. Tape all your interactions and don't give her any grounds whatsoever to file.

Send her a POLITE letter letting her know that you want to be involved, want to mediate, are willing to pay whatever support the court requires. Send her a check with "prenatal items" on the memo field and just hope she deposits or cashes it (make a copy before you send it in case the memo field is altered). Send a copy of the letter by "Delivery Confirmation Mail" (not RRR, which can be ignored) and keep a copy for your file. Also, if you're speaking with her, keep in mind that you are permitted in NJ to tape record any conversation (so long as you're a party to it) without informing the other side of what you're doing, and it's saved the day on more than one occasion.

Then back off. Try to keep tabs on where and when the baby is born, but be cautious (no, be paranoid) about a potential "stalking" charge - you don't want to have to try to defend against one. Back off until the baby is born, then file the NICEST complaint possible seeking shared custody and offering to pay support. If she hasn't played the DV card by that point, you'll be referred to mediation. Don't settle for less than shared parenting; even if it's on an escalating scale as a result of the baby's age. If you agree to anything less, have it written in the agreement that the compromise is in light of the baby's age and will be (not "might be") reviewed every 6 months.

If affording an attorney is out of the question (or even if you use one), you absolutely need to look into support groups for non-custodial parents. Don't go this alone, there are too many others who have been there.

One thing I do agree with from the other post - take a baby care course. Call the local hospital and (without getting into details) tell them you're an expectant dad and want to take a course. Get a certificate or letter of completion. If you can't resolve it and have to ask a judge to set the parenting schedule, this can be invaluable. Also, it really can be helpful in how to care for an infant.

For all we hear in the media about "walkway dads", it's good to see someone like you step up and be concerned. Hopefully, you and the mom will learn to communicate and cooperate and co-raise your child, but, if not, you've got to step forward and fight for your baby's right to have a dad.

Good luck with it.
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Reputation Level 15
Until you are established legally as the father of the child by a court order, you really don't have parental rights. It would be hard to get a court to force her to let you be a part of the birth considering how soon that is to happen.

You need to start getting the money together to hire a lawyer to protect your rights as a father. If you know the hospital where she will likely give birth you can contact them to see if you can execute an affidavit or declaration of paternity. That may help speed up establishing paternity. You may end up having to have a DNA test if she tries to deny that you are the father.

She cannot prevent you from seeing the child once you are legally established as the father. You can get a parenting plan entered guaranteeing you time with the child. Because it's not clear from the question why your ex is opposed to having you in the child's life, you need to think long and hard about any possible negatives. Do you have a criminal record? Have you addressed any issues there? Are you in a position to really help take care of a child? Do you live with family or friends who may have criminal issues or issues that may impact having a tiny baby around? If there are negative issues on your side, now is the time to start addressing them. She says you're a drunk? Go get an evaluation. She claims you've been abusive? Get an evaluation. If you've had problems in the past and have dealt with them, then use this time to locate documentation proving that you've addressed them.

Remember, you're also talking about being part of a tiny baby's life. Is this your first child? If you have had other children, have you been an active part of their lives? When was the last time you parented a tiny baby? If you have no experience or it's been a long time, now is a great time to sign up for a parenting class. You can contact your child protective service office and get the names of some local classes. Starting a parenting class now may make the mom feel more comfortable with you having the child in your care and will show the court that you take this responsibility seriously. Use this time to be proactive and prepare yourself for possibly contentious court action.
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