my hubby's ex didn't put him on the birth certificate and didn't let him see his son now he is 2 and shes coming around saying he needs to sign some papers giving up his parental rights he wants to see his son what can we do
2007-04-26 18:45:41 · 10 answers · asked by Natalie 1 in Family & Relationships ➔ Other - Family & Relationships
we live in the stat of Texas
2007-04-27 06:18:13 · update #1
find a lawyer get some dna test so he can be put on the birth certivicate and then fight!
its his right!
2007-04-26 18:49:23 · answer #1 · answered by trisha d 2 · 1⤊ 0⤋
Well, as far as the birth certificate, a lot of states will only allow an unmarried father's name to appear after an Acknowledgment of Paternity form has been signed by both parents or paternity is established through a court or administrative agency. Again, because I do not know what state you are in, I am unsure how he was given paternity rights at all that he can sign away. If he wishes to keep his paternal rights and start seeing his child, he will need to contact an attorney or a state administrative agency and see how to go about doing this. After paternity has been established, he can go to court and request visitation. If for some reason, he does have paternal rights still, then he can go to court now for visitation. If what your saying is legit and he is legally the father, then he just needs to refuse to sign the papers and put in a application with the family courts to obtain visitation immediately. I am unsure of how he has this, but if he does and has not had contact for 2 years, she can petition the courts for his rights to be terminated for him. So, he needs to file before now before she can have a case of her own. I hope that all works out. If you update your question with the state this is in, I can possibly help further.
EDIT: The laws in Texas are very much like the laws in PA. If he was married to his ex during or up to 300 days after the birth or has signed the AOP form I talked about previously, then he is the legal father. If not, then he is not the legal father. As a legal father, he just has to refuse to sign the papers and file a custody claim with the courts to establish visitation rights. If he is not a legal father, he needs to file a form with the Attorney General's office in Texas to establish paternity. If he files and a DNA test is needed, they will pay these costs. Once paternity is established, he can then go for visitation rights. The source link below goes into more detail and has contact information. I hope this helps!
2007-04-27 01:58:19 · answer #2 · answered by Krissi 4 · 0⤊ 0⤋
He does not have to sign these papers. He has a right to see his son. He also will be responsible for child support. You may need to see a lawyer and have a paternity test in order to get his name on the birth certificate.
2007-04-27 03:20:45 · answer #3 · answered by Patti C 7 · 0⤊ 0⤋
See a lawyer. He has rights too. If she contests the paternity of the child, get a test. He does not have to sign anything that he doesn't want to if he is the father. Visitation rights can be drafted. See a lawyer so things can be on paper and be as clean as this kind of situation can be. Good luck!
2007-04-27 01:49:29 · answer #4 · answered by roastbeefonrye 2 · 1⤊ 0⤋
Apply to pay child support and ask for a DNA test either parent can initiate this action. He has a right to know if he is the father and he has a right to be a part of the child's life. Do NOT sign anything without a lawyer unless he is willing to give up his kid forever.
2007-04-27 01:49:07 · answer #5 · answered by wantajeannie 5 · 1⤊ 0⤋
WELL YOU CAN'T DO ANYTHING EXCEPT TELL YOUR HUBBY TO GO TO FAMILY COURT ASAP AND START A PATERNITY CASE. IT'LL LOOK BETTER FOR HIM AND HE MIGHT NOT HAVE TO PENALIZED FOR THE LAST TWO YEARS OF CHILD SUPPORT. SHE WON'T BE ABLE TO DO ANYTHING. THE COURT WILL ORDER A DNA, THEY'LL ESTABLISH PATERNITY AND HAVE HIS NAME ON THE BIRTH CERTIFICATE GIVING THE CHILD HIS LAST NAME AS WELL AS VISITATION.
PROPS TO YOUR HUBBY FOR WANTING TO KNOW HIS CHILD. YOU'RE LUCKY. NOT TOO MANY MEN OUT HERE LIKE YOURS. HE'LL MAKE A GREAT DAD TO YOUR KIDS ONE DAY.
GOOD LUCK.
2007-04-27 01:53:38 · answer #6 · answered by CUTIE PIE 3 · 1⤊ 0⤋
he doesnt need to be on the birth certificat neccesarily to get a DNA test, don't sign anything, if he wants to be apart of the kids life, keep in mind the courts are going to want to know why he did seek custody over these past two years and where he has been....
2007-04-27 01:53:31 · answer #7 · answered by KrIs 4 · 0⤊ 0⤋
im going thru that exact situation but im my situation she petitioned him for child support came down here signed over her rights and is now trying to get visitation. bascially you have to show prove of paternity and when that is established get his name on the birth certificate and get visitation rights or fully custody if that is what he wants. it takes two to make a child and no one person can take away the rights of someone who wants to be involved.
2007-05-04 19:44:24 · answer #8 · answered by kaybee 3 · 0⤊ 0⤋
that is his child. Get a lawyer, and petition the court for visitation. She cannot make him guve up his rights. He has a right to see that child and any court would give him visitation.
2007-05-02 10:36:07 · answer #9 · answered by Jesse's Girl 2 · 0⤊ 0⤋
tell her to see you in court.
2007-05-05 01:43:02 · answer #10 · answered by cooljeff 2 · 0⤊ 0⤋