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My ex girl was pregnant with my child making my baby mama upset. She was killed and now I want to see my child. What legal action can I take?
I met a girl back in 9th grade. Let's call her Nina. We were too shy to tell each other what we felt then she got married to somebody else. Some years went by and I met my baby mama. Let's call her Dani. Dani and I broke up about a few months later and she told me she was pregnant. My son is now about 6 years old and we share custody. Not by court but voluntarily, I buy him everything he wants and needs. Dani is with him most of the time because I work far from home. Well, I found Nina on Facebook and we started chatting, got together and dated. She has three children with her ex partner. Sometimes I would ask her to go out somewhere and leave her kids with a babysitter but she would be doing stuff like cleaning around when I was at her house or doing laundry and stuff like that. I would be frustrated because she always had her attention on them. Then we broke up and when I decided to call her back a few days later, she told me she was pregnant. I told my mom, my baby mama, and my sisters. Everybody was upset and so was I! I decided to move to another state because I can't afford two baby mamas so I told Nina that I would choose who I was going to take with me. I chose Dani and she blocked me after that. I tried communicating with her but she put a restraining order and cannot see my child. About a month ago she got into a car accident and unfortunately, she died on the scene. My baby mama is relieved and so am I that I don't have to choose any more but I want to see my kid.
3 Answers
- PatriciaLv 73 hours ago
A guy didn't write this question. Guys don't think this way (as in, all over the place)
- FunnelwebLv 76 hours ago
There has to be more to the story to explain why Dani was able to get a restraining order. She usually would have to make a claim that you were somehow a threat to her (whether or not that claim was actually true). Also it's not clear whether the restraining order forbade you from seeing only Dani, or whether it specified that you cannot see your son either.
Be that as it may, a restraining order only operates to protect a living person. If the restraining order only specified Dani as the one to be protected then it is of no effect now that she is dead.
You are now your son's sole parent, and he is your responsibility. Who is looking after your son now? They would need a court order or equivalent to have any legal right to keep your son from you. Ordinarily you should not only have the right to go and see your son. As the father you should usually have the obligation to take your son into your home and look after him for the next twelve years. In fact they have the right to bring your son round to your home and leave him with you.
Unless there is a child protection order or a guardianship order or some other court order, in the first instance you would contact whoever is looking after your son and tell them you would like to collect him. If they refuse then you get your solicitor to apply to court for custody. You only have to prove that you're the father. The onus of proof is on them to show why they should have guardianship of your son.
I don't know whether you owe any child support for the last six years, but you will not pay child support for the next twelve years. If someone else proves to the court that they should be your son's guardian then you lose all your parental rights and obligations: you won't pay child support and you don't have any right to visit him.
But if they can't convince the court that they should be his guardian then you will pay all the expenses for your son, including clothing, food, education, toys, and entertainment. And you will have to spend time with him, and teach him things, and help him when he's in trouble, and cook for him, and wash for him. In short your are his only parent.
- KiethLv 79 hours ago
Find an attorney who will help you with your parental rights, and then inform you that you not only owe him money, but you owe six years of back child support, but another twelve years too.
