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What do I do when my daughter's family keep causing drama over my daughter and my feelings?!?

Glenmora, LA |
Filed under: Family law

I just turned 18 and have a daughter who is 14 months her dad is 18 almost 19 and going to college September 5. He has saw her maybe 8-10 times since she was brought home. He tells everyone lies about me and her and he almost never talks to me even when about his daughter he makes his mom do it. I messaged him and told him about how I felt that he wasn't involved and how I felt like I was doing it alone. And his mom messages me and says i'm causing drama for telling him this. His family has never liked me and makes it known and barely wants anything to do with my daughter although every time they cause an argument they threaten me with court saying they will take her away from me because i'm unfit. They have nothing to prove me unfit because i'm not. What should I do?

This also isn't the first time they have done this every time I talk to any of them there is an argument. And also on my daughter's birth certificate he is not listed as the father and he has no parental affidat (spelling error) he's had chances to though but doesn't want to be known as the father yet wants some parental rights. He does not pay child support and I allow him to see her whenever he wants but not out of my care as he does not know how to care for her and since threatening me with court I fear they will take her. I know the only way they can legally do this will be after a dna. But is there any way I can get full legal custody and shared physical custody with visitations for the father just supervised without his parents? And is there any way I can get his parents to stop threatening me with court and to leave me alone about how I raise my daughter since they aren't really in her life?

Attorney Answers 2


You are very young. Understand that texting him about YOUR feelings will not magically make the situation better. Clearly, you don't like it when they insult you, right? Here's the deal, focus on taking care of your child. First, you need to go and consult an attorney about obtaining support from the child's father. Yes, they will be mad, but don't wait for them to take action. You are the child's mother and you have to advocate for your daughter's needs. If he or his mother really wanted the baby in their life, they would have taken action to be actively involved, rather than threatening you. Understand that supporting a child he fathered is his obligation, and your child is entitled to support from her biological father. In the meantime, document all instances of insults and threats. DON'T INSTIGATE. If they text you, save it. Do not contact them because nothing good will come of it other than your being insulted. In addition, you do not want to give them any ammunition to use against you if they decide to fight you in court for custody. Maintain an impeccable reputation and make sure your daughter's needs are met. Do not do this alone, because you will need the help of an experienced attorney. Furthermore, if you cannot pay one, investigate whether you have a local legal aid office to help you since expenses may be an issue. But certainly get child support. Good luck.

<<DISCLAIMER>> Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually (and in some instances jurisdictionally) dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel IN YOUR AREA. A response is not intended to create, nor does it create, a continuing duty to respond. Also, Ms. Eskinde is licensed in Louisiana, so if you require immediate assistance, then you need to contact someone who is in your state, if outside of Louisiana.

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You should go to the child support office and begin the process to obtain child support. If you like you can file for custody but there is no requirement to do so until child support determines that he is the father. After that you should file for custody. The court will likely grant joint custody with you named primary custodian parent with the father given weekend visitation every other weekend. The law can not do anything about his parents attitudes or actions towards you. As grandparents, they can visit the child on their son's weekends and such other times as you would allow.

Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.

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