the baby is not here and i may not be the father what are my rights if we do marry and what is my rights if the child is not mine and we are already married?
2006-08-09 07:36:31 · 12 answers · asked by Robert J 1 in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
if the child is not yours you have no rights. he is the father not you so he has all the rights. unless he signs over his parental rights there is nothing you can do.
2006-08-09 07:41:10 · answer #1 · answered by laineyhaz0101 2 · 0⤊ 0⤋
The truth to this matter is. First you need to talk to a lawyer. But if the biological father wants nothing to do with the baby. You can adopt the baby if his name is not on the birth certificate and if in a year the bio. father doesnt try to get in contact or want some kind of custody then he automatically gives up his rights to the baby and there is nothing he can do about it. We talked to a lawyer about it and this is what he said. That is in the state of missouri it may be different where you are. kenziebuchanan@hotmail.com if you have anymore questions.
2006-08-09 15:00:11 · answer #2 · answered by kenzie 2 · 0⤊ 0⤋
It depends on the state you live in, but for the most part, if the woman is married when she gives birth, the husband is seen as the father. When the baby is born and it is time to sign the birth certificate, if you are unsure, don't sign it and go and do a blood test. Of course, biology/dna doesn't always make the parents, so if you love this child it doesn't matter whose dna matches. Also, if you aren't sure about paternity then you also might want to hold off on marriage.
Check the laws in your state and make certain what they are before you proceed.
2006-08-09 14:44:00 · answer #3 · answered by mahacaea4 2 · 0⤊ 0⤋
The biological father still has rights to the child if he wants them. If the father doesn't want the child he should go to court and waive those rights. You will be the step-father if he wants to help raise the child. If he doesn't want the child, you could always adopt that child and love it as your own. You wouldn't even have to tell the child you weren't it's father until it was old enough to understand. My mom got married to my dad and he is the only dad I've ever known. We have a great relationship and I understand the situation.
2006-08-09 14:43:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If the baby has your last name then you have rights....If your going to care for the baby.... then you have rights..If the real daddy is no where to be found, or doesnt want to care he cant come and claim the baby. Now if he does care he may have the right to see the child. A true father is not one who helped produce the baby, but one that will help the child grow, love and care for the child. I wish you the best! Good Luck!
2006-08-09 14:52:26 · answer #5 · answered by yeah yeah 2 · 0⤊ 0⤋
first you need to find out if the baby is yours or not..and that will have to wait untill the baby is born....if you are not the father and she knows who the father would be then that guy would have to give up all rights to the child and then you would have to adopt the baby..then the rights of the child would be yours
2006-08-09 14:44:59 · answer #6 · answered by sjeboyce 5 · 0⤊ 0⤋
it is very tricky and laws vary state to state. In my state the husbands name automatically goes on the birth certificate unless the mother says that another man is the biological father and he is present to sign the birth certificate. Also only the people assumed to be the biological parents (ie the people on the birth certificate) can bring a custody case to court requesting a DNA test. If I were you I would consult a family lawyer and check the laws in your state.
2006-08-09 14:43:22 · answer #7 · answered by watson4_27 2 · 0⤊ 0⤋
No matter what , the father always has rights in the us. Even if he doesnt pay child support, or if he doesnt want to see the baby he still has rights. unless he sings papers in court that say he gives up his dad rights.
2006-08-09 18:51:58 · answer #8 · answered by Lizette S 1 · 0⤊ 0⤋
marring the mother does not give you any right to the child unless you adopt the child but the biological father has to sign off all rights to the child...........Good Luck
2006-08-09 14:43:52 · answer #9 · answered by jessica_rae23 1 · 0⤊ 0⤋
Bio dad has all the rights you..sadly have none...but if the baby is not yours you can ask for him to sign the baby over and you can adopt....that's what my dad did. I asked my daughter's father to do that but he said it would make him look bad...if you're married to the mom she has rights and you can do all the dad stuff...my husband is the "daddy" to my daughter, takes her to dr, school, soccer, stuff like that...she rarely sees her dad...so even my husband has no legal right to her he is her dad..
2006-08-09 14:45:56 · answer #10 · answered by Anonymous · 0⤊ 0⤋