me and her father split after she was born i was only 14 wen i got pregnant and he was 17. She was born with sickle cell disease and she is always in the hospital. He has never taken care of her and now he wants joint custody. My only reason for not letting her go anywhere is because of her sickness and I know he doesnt know how to take care of her because when I did let him get her he let his brother bring her bac and she was having a sickle cell crisis and didnt call me or anything.
Assuming there's not a current custody order in place, if you were not married to him when the baby was born then he'll have to first establish that he is the father of the child. Once he does that then he'll need to ask the court to grant him joint custody with you. You can oppose this and he may not end up getting any custody due to the medical issues. I doubt he will go through the process though, it's a little time consuming and expensive.
Legal disclaimer: The response given is not intended to create, nor does it create, an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Louisiana. Responses are based solely on Louisiana law unless stated otherwise
The natural father of the child does have a right to custody and visitation. Considering the medical condition of the child the court would likely place restrictions on his visitation until he can prove he is capable of taking care of the child while it is in his care. He must still prove that it is his child. If his name was on the birth certificate, that creates a presumption in his favor. If his name was not on the birth certificate, then he has to first show he is the father by having blood test done. He would have to pay for the test unless the State of Louisiana request them for purposes of child support and medical cards.
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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