Can a father get his rights back to his child?

Answer 1

He can file an injunction, as he should. Then, he must take the necessary steps to establish his paternity legally in order to obtain his parental rights.

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records.

Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent or he must seek another way to establish his paternity and that is done through a DNA. He can then establish his paternity legally through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.

On the other hand, if a court already has jurisdiction over the case, and if there is a visitation order already in effect, the mother must allow the child to visit with the father according to that schedule. Withholding visits with the non-custodial parent can eventually result in the custodial parent losing custody if the other parent presses the issue in court. She can move without approval as long as it doesn't impact visitations. She cannot move far enough away to interfere with established visitation without the father's consent and the court's approval. Unfortunately, courts are notoriously lax in enforcing visitation rights for fathers - so much so that most mothers do not realize they are supposed to get approval before making such a move and most fathers run out of money pursuing their visitation rights without getting their visitation rights enforced when a mother moves without prior approval.

Answer 2

yes - the mother can file suit against father to petition for custody of the child. The mother will have to prove that there has a substantial change and the circumstances have change such that it will be detrimental to the child's welfare to remain with the father.

Answer 3

Paternity would have to be established first. The father could then get custody and child support from the mother; she does not need to relinquish her parental rights for this.

But, if this involves aborting her rights by dropping the child at an ER or with family services, his chances of getting the child is about 15%, while still being required to pay child support and having little to no visitation rights. Often the child is place in foster care over 100 miles away.

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Answer 4

Depends on reason for the lose of them.