My daughter is 9 months old, her dad has decided to take me to court for visitation rights out of spite. He was not there during my pregnancy and did not sign the birth certificate, although he does accept paternity. He has not provided for her and I text him daily asking him to come see her. He never responds. I ask him to buy small things for her which he never v does, his response is why would I do that. Now he's claiming he wants visitation and joint custody. He smokes weed and has been arrested before for a gun. What are his chances and what can I do. Can he file for joint custody.
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He must first establish paternity. I must say it seems odds that on the one band you text him daily to come and see the baby but you don't want him to have other rights to her. That is odd. You will never be Abe to control his rights. Only the court can do that. Hire a lawyer to represent you properly.
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You say his is claiming that he wants visitation., but if he does not do so thru the courts, he has no right or authority to visit other than what you are willing to agree to. If he has not already established paternity, this would be his first step, whether with your agreement & signing an acknowledgement of paternity, or by DNA testing (again thru the courts). Once that is done the court may consider some rights for visitation. Given his lack of involvement in your child's life and her young age, the best solution, if visitation is allowed, would be for supervised visitation on a limited basis. Once a week or even once every other week for about four or five hours each time max. The court may not even address custody without your going thru mediation. It would be best if you work with an attorney on this to protect your child.
Sara Howard is an attorney licensed to practice law in Illinois since 1983. Her practice concentrates primarily in family law and adoptions . Any response to a question on AVVO does not constitute an attorney client relationship, but is general information based on the limited information provided.