As you are not married to the father, you have custody by law. If the father wants any rights, he has to go to court. At that point, you can argue why he should not be involved.

Answer Applies to: Ohio
Replied: 11/7/2011

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It is not too late to go to the police. Also, in the State of Georgia he has no legal parental rights in regards to the child until he legitimates her by filing a petition with the court. You may still pursue him for child support if you wish to do so.

Answer Applies to: Georgia
Replied: 11/6/2011

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In Georgia, a father who was not married to the mother has not rights until he legitimates the child. If you are in Georgia, the father would not have the right to visitation, let alone to take the child away. Should he attempt to legitimate the child, you have the right to it. Whether the father is allowed to legitimate, and whether he is given legal custody and/or physical (parenting time) will be based on the best interest of the child. As such, you could try to prevent it by convincing the court that your daughter would be better off not having a relationship with him. It is not too late for you to press charges against this man for the rape. You should consider speaking with a police officer and/or someone from your local District Attorney's office about what happened to you. (You should also speak with someone with experience in rape counseling.)

Answer Applies to: Georgia
Replied: 11/4/2011

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I am sorry about the circumstances surrounding the birth of your child. Unfortunately, the biological father does have rights. However, you can try to terminate those rights by filing a complaint to terminate in family court. At the very least, you can also file with the request to terminate a complaint for custody to minimize those rights of the father.

Answer Applies to: Nevada
Replied: 11/3/2011

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In New York, when a child is a product of rape, the father does not automatically have legal rights. However, as there was no conviction and the rape was never reported the father may be able to establish rights, but he would have to go through a series of court procedures.

Answer Applies to: New York
Replied: 11/3/2011

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The father would not have a right to take her away absent any legal justification to claim you were harming the child. You should file for custody and restraining orders to protect you and the child.

Answer Applies to: California
Replied: 11/3/2011

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Contact the police and see if the rape charge can still be filed. Otherwise, a father and a mother have equal rights until a court says otherwise, so your choice is to sit back and wait, if he shows up choose at that time to allow or deny and be prepared to file a lawsuit on paternity or be drug into a lawsuit for paternity.

Answer Applies to: Texas
Replied: 11/3/2011

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You can file a complaint to establish paternity, requesting sole legal and physical custody of the child. You may also wish to consider whether to bring an action against him regarding the rape.

Answer Applies to: Massachusetts
Replied: 11/3/2011

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If unmarried at the time the child was born, then the father will have to be legally adjudicated to be the father before he can have any rights. This will involve DNA testing and the filing of a paternity action. So until adjudicated to be the legal father, he does not have any rights. In Alabama a father must be married to the mother prior to the child's birth or adjudicated by DNA testing before he can enjoy legal rights to the child.

Answer Applies to: Alabama
Replied: 11/3/2011

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No. but you need to obtain attorney. Contact Alabama DHR.

Answer Applies to: Alabama
Replied: 11/2/2011

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The father has no rights to the child at all.

Answer Applies to: Ohio
Replied: 11/2/2011

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You can still go to the police. And unless he goes to court, he has no rights.

Answer Applies to: Georgia
Replied: 11/2/2011

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Unless you marry the father or he files a legitimation petition which is granted by a court (which given the circumstances you describe would be highly unlikely), he will not have any rights to the child.

Answer Applies to: Georgia
Replied: 11/2/2011

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Not if he was convicted of rape.

Answer Applies to: California
Replied: 11/2/2011

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He may be able to obtain parental rights, but until he gets a court to rule that is the legal father and say exactly what rights he has, he doesn't have any rights that can be enforced.

Answer Applies to: Colorado
Replied: 11/2/2011

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It would be difficult to deny the father of the child his rights as a "rapist" especially since it was never reported.

Answer Applies to: New York
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.