What rights do I have as a 15 year-old mother?
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What rights do I have as a 15 year-old mother?
I have a 10 month old baby. The father is on the baby’s birth certificate. I am trying to figure out what rights I have. The father’s mother just got a case started through DHS and I am afraid to send my son over there right now. The father is saying that he will come get the baby from my mother while I am at school and keep him permanently if I stop bringing him over for visitation. His mother says that we have the same rights and have joint custody and I need to know what I can and cannot do. No paternity has been established but he is on birth certificate.
Asked on July 30, 2011 Mississippi
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the law, parents have equal rights to their children unless and until it can be shown that one of the parent's rights should be limited by the courts. But not being married means that he has to establish that right under the law by going to court. Now, he is on the birth certificate but there has been no establishment of paternity, correct? If that is what is happening now you can not fight it. If there is not order for visitation is place then you are on solid ground. He can not come and take the baby from your Mother. If you fear for your child and that he will try and remove him get a restraining order against him for the time being. But you really need to get some legal help here and your parents are going to have to help you. Good luck.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the law, parents have equal rights to their children unless and until it can be shown that one of the parent's rights should be limited by the courts. But not being married means that he has to establish that right under the law by going to court. Now, he is on the birth certificate but there has been no establishment of paternity, correct? If that is what is happening now you can not fight it. If there is not order for visitation is place then you are on solid ground. He can not come and take the baby from your Mother. If you fear for your child and that he will try and remove him get a restraining order against him for the time being. But you really need to get some legal help here and your parents are going to have to help you. Good luck.
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