My daughter is pregnant, but is no longer dating the boy that got her this way. The boy isn't working, won't give up the dope smoking, keeps saying he's going to help her financially, but nothing yet. He's still calling my daughter, texting her and pretty much making her life hell. Anyway, his mother is full blood Anikara Indian. Her dad, the boy's grandpa lives on a rez in North Dakota... Anyway, this mother has threatened to send her son and the baby to the rez if my daughter continues to cut communication with them. Can they do this? Would it be hard to get the baby if they did run off to the rez with the child? This family has stalked my daughter while she goes to her doctor's visits... They're a real nightmare to deal with! Just want to know what we're looking at here and what we can do to protect this precious baby my daughter is carrying. We
Answers:
You know, everyone always says "get a restraining order", like you can just waltz into court and demand one. Believe me, there are many hoops you have to jump through; you have to have precise evidence, not just your word or hear-say, you have to pay a lawyer, and most want a huge retainer, you have to get the court appearance, which takes time, and then be able to convince a judge that you deserve it. Almost all restraining orders are NOT issued unless there is physical abuse involved.
Honestly, your best bet is to leave the father's name off of the birth certificate. Then he would have to go to court for paternity testing and to gain any rights to see the child. But, in turn, she could not expect any child support if she does not acknowledge him as the father.
In the case of him not being on the birth certificate, if he or his mom took the baby somehow, it would be a federal kidnapping offense.
A restraining order, and make sure that the beat or patrol cop knows that there is one.
Get a restraining order. Document everything they do. Record calls, write down texting conversations. Call the police with any inappropriate contact, or conflicts. If possible, switch doctors to make it harder for them to stalk you on visits. Change phone numbers. Be sure to have evidence for their ridiculous behavior, and any court will have no problem believing you.
She can not do that. Contact a lawyer honey.
no they can't do anything like that. talk to the police, get a restraining order and don't let these insane people to bother you and your daughter anymore
btw, your daughter needs to get better taste in men
good luck with the baby
Here is a good reason for taking the morning after pill.
Your sexually active daughter is not selective in partners otherwise her choice would make a suitable role model father for her child.
Since she's having unprotected sex, beware that she can and probably WILL get pregnant again with some other low life who can cause problems.
Native Americans on reservations are not under jurist diction of US laws. You will be dealing with these people FOREVER since someone has advised your daughter to KEEP this baby.
You are already finding out there will be a never-ending tug-of-war for this child. This child will cost a fortune in legal fees alone. Fasten your seat belts for a lifetime of trouble. I pity this child who will get emotionally messed up because of all the bad decisions and in-fighting.
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IN ORDER TO PROTECT BOTH YOUR DAUGHTER AND THE BABY YOU NEED TO SPEAK WITH THE POLICE IMMEDIATELY. YOU NEED TO FILE A POLICE REPORT OF THE STOCKING AND ALL HARASSING TEXT MESSAGES. DOCUMENT ANY PHONE CALLS, ETC. I WOULD ASK THE CITY FOR A RESTRAINING ORDER AGAINST THIS MOTHER AND HER SON. IF THEY FOLLOW YOUR DAUGHTER AROUND ANYMORE SHE CAN THEN CALL THE POLICE AND REPORT IT. IS THERE ANY WAY YOU CAN MAYBE RECORD THIS FOR EVIDENCE BY VIDEO. NO, THEY CANNOT JUST TAKE THE BABY. THINK ABOUT IT. AFTER THE BABY IS BORN YOU HAVE THE CHOICE OF NOT LETTING THE DAD SEE THE BABY AND DEFINETELY NOT TAKE THE BABY ANYWHERE. THEY SOUND VERY CONTROLLING AND SCARED. I WOULD NOT ALLOW THEM TO TOUCH THE BABY UNTIL YOU SPEAK WITH A LAWYER AND GO TO COURT FOR CUSTODY. IT MAY BE HARSH BUT ONCE YOU PROVIDE THE COURT WITH ALL THE EVIDENCE DRUGS, HARASSMENT, STOCKING, THREATS WHATEVER HE IS GOING TO BE EXPOSED AS THE DIRTY DEADBEAT AND ALONG WITH HIS MOTHER WHO HAS NO MORALS.
It depends on a lot of things...mostly the girl's age and whether or not the baby will be registered member of the tribe...I would defintely talk to a lawyer concerning your rights, her rights, and the baby's future rights as a tribal member...each tribe has varying degrees of what they can and cannot do concerning the littlest members and sometimes those rights are a higher priority that yours AND your daughters...so she needs to be aware too, of the pros and cons of this babies heritage...my daughter is not a tribal member and refuses to be since (her tribe, don't know about every tribe or nation) would take full custody of her children if something happens to her--her husband would have no rights to his own children (he is not Native American). Lots of information to consider...please do so soon--for you, for her, and most of all, for that baby...
Because Indian reservations has their own laws/and police force. If they were to take the child there it would be difficult for you/daughter to go on the reservation and retrieve the child. I'm not saying it is impossible, however if the son is Indian (he needs the be registered before they would assist him) he does have rights.
You need to contact the main 'office' of the tribe and find out if he is in fact registered, if he isn't they won't help him do anything, nothing!
Contact your local law enforcement and report the threats and let them know your daughter is concerned not only for her safetly but the babies. I would file for a NCO (no contact order) also, I would keep where/when she has the baby a secret. Also, she does NOT have to place the father's name on the birth certificate. This would help slow any kind of visitation down as well as HE (not family) file for paternity rights which means a DNA test then after paternity is established then he would have to file for visitation. By all this time you should have enough to get/keep a NCO on the family. If/When this goes to visitation rights (hearing)you could make it where the family has not contact with the child, possibly even getting supervised visitations for a while becaue of the threats.
UNTIL paternity is established the 'putative' father HAS NO RIGHTS!
Good Luck
everybody advice was great just one more thing carry a camera at all times..when u get a restraining order,if he calls you and threaten you.tape it he will go to jail..do this now before the baby gets here and when he wants visit-ion which they will give..tell them you want him to have supervised visits with a social worker ...
Contact your local police or clerk of court and find out the requirements for a restraining order. Don't answer the phone or respond to text messages from them, and do not delete the messages - allow them to accumulate. When you have enough messages accumulated, you prove your need for the restraining order. (It's weird, but you will get more messages and more outrageous ones if you do not respond.)
When it is time for delivery, make sure you have a certified copy of the order with you. If they show up at the hospital, have them arrested. Make sure the hospital staff knows about the order and that the father is to have no contact with the baby. As the mother, your daughter has the legal right to exclude the father's mother from contact (and you as well), even without the restraining order.
Tribal laws are a pain to deal with, but the taking of a child from the mother without a court order is kidnapping, even if they go to the reservation. That's a federal crime and the FBI has jurisdiction on reservations. She will eventually get her child back, but it may take a while.
In addition to the restraining order, I would recommend having the baby at a hospital that is not in your immediate vicinity, and refusing to tell the father where that is. Just because you will legally win doesn't mean it will be worth the emotional damage of having to fight for the baby in court.
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