I have a 9 month old baby who has been with me and the father hasnot been involved but he served me with child custody papers and blah blah but i am currently merried but seperated so my husbands name is on the birth cirtificate and so they had to re wright the petision serve my husband and re serve me whitch hasent happend yet
I do not want anything to do with the father or him to be around my baby scence birth another man has been her father figure and we were planing to do adoption for her to have his name and him to have rights instead of the bio father or my husband.. The bio father is an illigal imigrant he has a lawyer i dont and dont plan on getting one i understand that he will get visitacion rights no matter what now that he has done this potision and i will not alow that and a legal advisor told me i qould have absalutly no say in that i want to know how i can avoid all of this and if i do what are his options
Are you currently married to the child's natural father? If you are married to the child's father, he has visitation rights and child support obligations. Who is "they" in the first sentence? You need an attorney, even though you state you have no plans on getting one.
I strongly suggest you get an attorney. If you do not show up in court, he can get a default judgment giving him custody of the child. Unless he is a danger to the child, which you haven't said, he will almost certainly have visitation rights and will be required to pay child support if he is proven to be the father. If visitation is ordered and you do not allow it, you can be held in contempt of court, which carries serious consequences.
Any information I provide is not, nor is it intended to be, legal advice. Our exchange of information via this website does not create an attorney-client relationship. Any information I provide is for informational purposes only. You should consult an attorney for advice regarding your individual situation.
If you are concerned about your 9 month old being taken out of state or out of the country by the "illegal alien" father, it may be possible to restrict the visitation but you are going to have to have an attorney. If you can't find financial resources sufficient to hire counsel, try contacting legal aid of western Oklahoma.
I have found that some people don't even call attorneys due to thinking they can't afford a $4,000 or $5,000 retainer, but many attorneys will work with you and the retainer and final cost may be much less than that.
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