should the unwed mother seek legal advice after the baby is born or before? the paternity is not an issue and he does not want to get married, he just wants to be a father, go figure. How does the child support issue work also?
2006-11-02 03:00:23 · 15 answers · asked by Patricia K 1 in Politics & Government ➔ Law & Ethics
The fact that you are unwed does not matter, as long as the paternity is established and the father is named on the birth certificate then, if you file a petition for child support, he will be required to pay the state mandated amount of support according to his income vs. your income.
On the same note though, the father could also petition the court for custody or visitiation of the minor child. If that is the case, and it is granted that will also affect the amount of child support obligations.
I think it woul dbe beneficial to you if you were to consult with an attorney in your state to find out exactly what needs to be done to secure your interest as well as that of the minor child.
2006-11-02 03:04:28 · answer #1 · answered by Angel 3 · 1⤊ 0⤋
It depends on what state you live in , in Texas if you want the father listed on the birth certificate you have to fill out an Acknowledgement of Paternity which says that this is the father and that becomes a legal document and makes him the legal father. From situations I've seen, don't do it. If he's not going to pay child support then you don't need to even have his name on the birth cert. But in the future if you do name him as father then one day he could fight you for custody . Just something to think about. The child can have a father and it doesn't have to be on paper. If I was in that situation and I wasn't married to the father I would not let him be put in a postition to take my child from me in the future. I would still let him be a part of the childs life but no more.
2006-11-02 03:06:33 · answer #2 · answered by chickadee_ajm 4 · 0⤊ 0⤋
The Friend of the Courts sets the amount of child support required by the state, determines custody and visitation schedules. Generally speaking the Mom has the child living in her home but the parent or court can decide differently. The parental rights of a unwed mom are the same as any other mom.
2006-11-02 03:04:20 · answer #3 · answered by elaeblue 7 · 1⤊ 0⤋
You are and always will be the mom. As long as he can not prove you unfit!! As for child support go down to the family court and file papers. You will get 25% of his income. But can I recommend you try your best to be friends, your child did not choose you 2 you chose each other. I made a poor choice also But I never went after child support and the father is a Strong part of her life. We only discuss her not us. The child is the one who will suffer. And if your child is a girl she will grow up with self esteem issues without her father. And a boy needs a dad for all the man stuff. Look at the positive he does want to be a father. If you can't make it financially let him try to help you first and if he does not then go for support you can go any time. There is no time limit and he will owe back child support.
2006-11-02 03:12:02 · answer #4 · answered by mommy 4 · 0⤊ 0⤋
She should not only seek legal advice, she should consult a specialist in comparative law and private international law.
Where she goes to live and to have the baby can be definitive as to the rights of the putative father, and as to her rights to child support.
I wrote an opinion on this a few years ago. The choice there was between England, New York and California. California was by far the best place for the woman to go. I relied on the case below.
BTW: It's all well and good for non-lawyers to instruct you about English law and the (non-)rights of the unwed father, but perhaps they haven't looked at The Hague Convention on Child Abduction, and on court decisions. You may not be free to determine the child's future place of residence unless you contrive to establish his or her residence at birth in a place congenial to you and to your interests and plans.
2006-11-02 03:14:12 · answer #5 · answered by Anonymous · 3⤊ 0⤋
The Legal process is tedious... but you knwo it is well worth it. Paternity will have to be established through the courts and the Department of Child Support Enforcement will usually establish the child support. It is in your best interest to have the visitation documented through the courts to have it all laid out for the both of you. It is less of a hassle down the road. If you are still together that is cool. But if you were to break up it would be real messy. (Been there) I know it is hard to do all of it and they say anything to make sure you don't do it legally, but it does make a sticky situation easier. Plus you will have it to fall back on. Good Luck...you will be in my prayers through all this!
2006-11-02 03:10:52 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You should seek legal advice to arrange for child support from the father ( I assume his wanting to be a father includes helping to support). Some cities have a legal aid office if you cannot afford a private attorney; if you can, find someone knowledgeable about family law. Make sure his name goes on the birth certificate along with yours and expect him to have some parenting ideas!
Good luck!
2006-11-02 03:14:30 · answer #7 · answered by Judy M 2 · 0⤊ 0⤋
In UK, a single mother has all rights, the father has none unless he goes to court to get some. Don't waste money on legal advice.....go to Citizen's Advice Bureau.. It's free. They will also advise about Child Support. You may as well go now as later. You may feel more confident armed with the facts.
2006-11-02 03:14:23 · answer #8 · answered by lou b 6 · 0⤊ 0⤋
The mother has full rights unless she is termed mentally defective or unfit. The father is whoever is named on the birth certificate and assumes rights especially if he is paying support. The final say-so is decided in a court order by paternity suit if necessary. Agreements to visitation, payments of support and care are usually handled that way when necessary
2006-11-02 03:07:36 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Your'e the mother, he's the father, there ya go. Put his name on the birth certificate and then go to court and petition for child support--basically you're going to work out a "parenting agreement" which will be enforceable by the court. Make this about pick ups and drop offs (time and place), weekends, holiday visitation, school (who pays and who is in case of emergency, etc). Dont forget to add that he needs to carry a life ins. policy with the child's name as beneficiary, too, "just in case".
Good luck and DONT FIGHT!
2006-11-02 03:04:31 · answer #10 · answered by Munya Says: DUH! 7 · 1⤊ 0⤋