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Old 05-13-2017, 03:38 PM
 
1,674 posts, read 885,410 times
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Quote:
Originally Posted by AguaDulce View Post
All he has to do is file a form with the court, which is way easier than impregnating someone.

http://www.georgialegalaid.org/files...ion_packet.pdf


Thread fail.
Again, an unwed Mother need not file anything. Her parenting and custodial rights are presumed. However, an unwed Dads lack of parenting rights and custody are also presumed.

In laments terms: Mom gets custody, Dad gets no rights whatsoever until a Judge orders otherwise, by default.

Edit to add: filing a form with the court is not all a Dad has to do. He also has to go through the legal system and prevail. This is so time consuming that it could take years, its expensive, and it has a low to nonexistent chance of success.
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Old 05-13-2017, 03:49 PM
 
Location: Milwaukee
2,167 posts, read 1,293,489 times
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Quote:
Originally Posted by dysgenic View Post
Again, an unwed Mother need not file anything. Her parenting and custodial rights are presumed. However, an unwed Dads lack of parenting rights and custody are also presumed.

In laments terms: Mom gets custody, Dad gets no rights whatsoever until a Judge orders otherwise, by default.
(1) A man does not have to impregnate a woman to whom he is not married. That is his choice.

(2) He can walk away.

(3) He can file the papers to be recognized as the father and get custody.

For an unwed father to get any parental rights, including custody or visitation rights, he must file a legitimation action in court. Or, the father and mother can sign a voluntary acknowledgment of legitimation. A legitimation action legally recognizes that a man is the father of the child and gives the child the right to inherit from the father. As part of a legitimation action, the unwed father can also ask for custody, visitation and/or child support. Only the father is allowed to file for legitimation in court and the petition should be filed in the county where the mother and child reside.

Does the law favor giving custody to the mother or the father?

No. The parents are equal under the law. There is no presumption that the child should live with the mother or the father. The decision always depends upon what the judge believes will promote the best interest and welfare of the child, based on the evidence presented in court.
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Old 05-13-2017, 04:01 PM
 
7,031 posts, read 1,988,547 times
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Quote:
Originally Posted by dysgenic View Post
Not true. Mothers of children born out of wedlock have custody, Dads do not have any parenting rights.
Simply a pragmatic decision. The mother is known precisely. The father is not known precisely. If a father carries out the necessary legal process he can establish paternity and secure custody and other rights as is in the best interest of the child.

So motherhood is known. Fatherhood has to be proved.
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Old 05-13-2017, 04:08 PM
 
1,674 posts, read 885,410 times
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Quote:
Originally Posted by AguaDulce View Post
(1) A man does not have to impregnate a woman to whom he is not married. That is his choice.
It looks to me like you are using this argument in order to justify a human rights violation. I could just as easily make the reverse argument. Let's see how silly it sounds:
A woman does not have to get pregnant by a man to whom she is not married.

(Your inference), therefore, Dad should have full custody of his child and Mom should have 0 parenting rights by default. Furthermore, this is Mom's fault because she got pregnant in the first place.

In case anyone is wondering, I am not actually making this argument I'm just trying to demonstrate how biased your argument is.

Quote:
(2) He can walk away.
So this option (which is really no option at all for those of us that are loving parents) justifies a human rights violation?


Quote:
(3) He can file the papers to be recognized as the father and get custody.
Sure he can file the papers. But why should he have to? Why should a parent have to file papers with the court in the first place in order to get parenting rights? Furthermore, filing the papers is the easy part. Dad still has to go through the legal system, which often takes months or years, he still has to pay the money (and in real life he will need an expensive attorney), and he still has to prevail in court (difficult to impossible in real life).



Quote:
For an unwed father to get any parental rights, including custody or visitation rights, he must file a legitimation action in court. Or, the father and mother can sign a voluntary acknowledgment of legitimation. A legitimation action legally recognizes that a man is the father of the child and gives the child the right to inherit from the father. As part of a legitimation action, the unwed father can also ask for custody, visitation and/or child support. Only the father is allowed to file for legitimation in court and the petition should be filed in the county where the mother and child reside.

Does the law favor giving custody to the mother or the father?

No. The parents are equal under the law. There is no presumption that the child should live with the mother or the father. The decision always depends upon what the judge believes will promote the best interest and welfare of the child, based on the evidence presented in court.
It doesn't matter to unwed Dads what the law says, it matter what the court does. And in real life, unwed Dads almost never get custody. This is common knowledge.

And again, why should Dad have to go through the court system to get parenting rights when Mom doesn't?
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Old 05-13-2017, 04:14 PM
 
Location: SF Bay Area
12,193 posts, read 6,674,343 times
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You don't even have to be the father to be stuck with child support.
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Old 05-13-2017, 04:15 PM
 
1,674 posts, read 885,410 times
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Quote:
Originally Posted by lvmensch View Post
Simply a pragmatic decision. The mother is known precisely. The father is not known precisely.

So motherhood is known. Fatherhood has to be proved.
This is the company line but it has no merit. First of all, only in a small fraction of the cases is the Father not known or agreed upon. If both parties agree who the Dad is, why should Mom have full custody and parenting rights but Dad have zero?
In those cases where there is an unknown or disputed Dad, you could simply require Mom to identify Dad and confirm with a DNA test (cheap and reliable).

Quote:
If a father carries out the necessary legal process he can establish paternity and secure custody and other rights as is in the best interest of the child.
Actually, he can't. That's part of the problem. Court will use 'status quo' to justify keeping custody with Mom and giving Dad only a token amount. Married Dads lose (effective) custody the vast majority of the time, unmarried Dads have no chance in family court.
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Old 05-13-2017, 04:25 PM
 
41,572 posts, read 39,317,656 times
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Quote:
Originally Posted by RedZin View Post
Solution for men: do not impregnate any women who are not married to you.
That is the solution I've taken. One reason I've remained a virgin at age 31.
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Old 05-13-2017, 04:30 PM
 
1,674 posts, read 885,410 times
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Quote:
Originally Posted by green_mariner View Post
That is the solution I've taken. One reason I've remained a virgin at age 31.
Again, how does this solution help all the kids out there that have been separated from their Dads by the State?
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Old 05-13-2017, 04:39 PM
 
4,969 posts, read 1,201,686 times
Reputation: 1627
Quote:
Originally Posted by shooting4life View Post
You don't even have to be the father to be stuck with child support.
Yep. Unless the law has changed fairly recently in California, if a couple is married and the wife fools around with another man and gets pregnant by the other man, the husband is obligated to support the child because it is 'deemed to be in the best interest of the child'. About 10 years ago I brought this up to a male relative I knew would doubt what I was saying. I waited until we were with another relative who is a physician and has a son who is an attorney (I knew the first relative would believe the second relative). Sure enough, the first relative doubted me, and I turned to the physician relative and said "Isn't what I'm saying true?" (at the time, all of us lived in the Bay Area). The physician relative confirmed my assertion, but added that he thought eventually the law would change because of what we know and will know re DNA tests/samples.
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Old 05-13-2017, 04:40 PM
 
421 posts, read 99,414 times
Reputation: 450
It's true that America is a very anti-male country (in general). Of course, this obvious truth is fiercely denied by most people (even here on C-D). In places like Mexico people would be outraged at what passes for "normal" up here (in terms of relations between the sexes)

It's a multi-faceted problem, one side of it is cultural and the other is government policy. Government policy in particular encourages and supports "bad" female behavior of all kinds, for example all the irresponsible single moms that pop out a bunch of kids *just* to get a steady welfare check. Another example is how the courts ignore obvious "bad" behavior such as cheating and award the woman everything regardless.

You can't reward "bad" behavior, or you'll get more of it. That's just common sense. If welfare/child support/etc ceased to exist tomorrow I bet a lot of women would "suddenly" not be getting pregnant as much
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