My sister had a baby recently from a guy who was her fiance.We was getting ready for the wedding when he suddenly called off the engagement and left my sister.And not only that. He asked her to go for abortion when she was almost 5 months pregnant,because he said he doesn't want the baby and he is not ready to be a father.And he said he doesn't want to know anything about the baby if she decide to leave it.Now when the baby is born he start pursues her and pretend to see the baby.She is in a relationship with wonderfull guy who put his name on the name of the father on the birth certificate.My sister and her partner don't want the child to know his reall father.Could someone tells me what they can do in this case,what are their rights?
2007-12-26 09:14:54 · 12 answers · asked by Anonymous in Family & Relationships ➔ Family
Your sister will need to go to court to prevent him legally from seeing the child. A restraining order may be in order. She'll need to bring up the fact that the real father's name is not on the birth certificate, and that he does not pay child support.
2007-12-26 09:18:54 · answer #1 · answered by Honky Kong 4 · 0⤊ 1⤋
In some states they consider the person on the birth certificate the father unless someone chooses to contest it.
If the other guy wants to go to court get a DNA test to prove this is his child, then he can establish his parental rights. People can get cold feet. They can do stupid things. They can also realize their mistakes and change their minds.
Did he even apologize to your sister? Is he acting like he wants to be a father or is he just trying to annoy your sister? If he seems more interested in your sister than the baby, then he has some other motive. Your sister can keep him off her property. She can tell him to leave and not come back. If he should come back or refuse to leave then he can be arrested for trespassing. She should be careful about taking this step though. If he is truly interested in the baby, this could start a court battle.
As the natural father he does have rights. She cannot prevent him from seeing the child unless she can prove that he is a danger to the child.
My suggestion would be for your sister, her new partner, and the former fiance to sit down with someone from juvenile court. There are people who can mediate and tell each side what rights the have and don't have. They are not judges, so no rulings can be made. At this time, your sister can push the DNA test. This is the only way to get the name changed on the birth certificate. If he refuses the test, then that will show he has no true interest in the baby. If he refuses the test, then your sister can put on the table that he will need to sign over his rights to the child. She can tell him that it must be the test or his rights. He will have to pay child support as well once the test is over. Your sister can point this out too. If he hasn't changed, she can remind him that child support will go back to the day that the child was born, and that will most likely make him sign over his rights. Someone who is not responsible will not want to pay all that money.
Hope this helps.
Best of luck.
2007-12-27 00:11:29 · answer #2 · answered by starwberry 5 · 0⤊ 0⤋
She needs a lawyer. If he can prove through DNA that he is in fact the father. Doesn't matter that the other guys name is on the birth certificate or that he asked for an abortion or whatever. All that was in the past and what matters is now. It's possible that he could have changed his mind once he actually saw the baby and relized that he is a dad. He will have rights to see the child. Another right is that he will also have the right to pay child support which he may not want to do. It's possible that he could give up his parental rights to get out of paying but not likely. It's a bad situation but if they (this doesn't include her new partner, it's between the mother and father only) can't come to an agreement then a court will have to decide what is in the best interest of the child.
2007-12-26 17:24:24 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If you are in the USA, then it is the right of the father to have visitation with his child, and to be a part of that child's life. It is also the right of the child to receive financial support from its biological father. The fact that another man's name is on the birth certificate won't count for much, if the biological father insists upon a DNA test to prove that he is the father and thereby entitled to see the child. If he is a complete wreck, crackhead gangbanger, he still has parental rights, although a family judge would probably severely curtail his visitation privileges, if visitation would endanger the child in any way. However, your sister and her new man have no right to keep the child from knowing its real father, or the other way around. I would suggest she retain a good family law attorney.
2007-12-26 17:24:04 · answer #4 · answered by claudiacake 7 · 4⤊ 0⤋
I don't think she can legally stop him from seeing the baby. He can go to the court and get a paternity test done and when it comes back, he has full rights, and if I am correct he can make them issue a new birth certificate with his name on it. He can always go to court and claim a change of heart and being very sorry he asked her to abort it and said he didn't want anything to do with it, etc. Someone saying mean things isn't really going to stand up in court I don't think.
I wish your sister the best though. Good luck!
2007-12-26 17:27:22 · answer #5 · answered by MamaBear 3 · 1⤊ 0⤋
The biological father has no rights to the baby unless he goes threw the courts and gets a paternity test done . Then he will probably end up having to pay child support . As long as his name is not on the birth certifacate then he has no legal rights to the baby . If he becomes a problem your sister can have a restraining order against him .
2007-12-26 17:21:52 · answer #6 · answered by EDDIE B 2 · 1⤊ 1⤋
From a legal point of view i don't know but from an emotional point of view a child should have the right to see his father and to know where he comes from. To deny him this is for selfish reasons. This guy wants to be in his baby's life and understandably. Of course his behaviour was unacceptable but for the sake of the child your sister should include him in his life. What happens if in a few years time the baby finds out that his mum lied to him, he may not forgive her.
2007-12-26 17:33:31 · answer #7 · answered by Lee Lee 5 · 1⤊ 0⤋
He can get a court order for a paternity test to prove he is the father. But he will also have to take the responsibly for child support and every thing that goes with it.The only way you can be done with him is if he signs his rights away as a father.
2007-12-26 17:28:18 · answer #8 · answered by Larry E 7 · 1⤊ 0⤋
The best interest of the child should always be considered in this situation. Alienating the child from their real father is morally wrong unless there is real danger involved.
2007-12-26 17:24:31 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Unfortunately the father does have a right to see his child. However, she could petition to have those rights restricted. She needs to talk with Social Services about getting full custody of her child.
Since the jerk's name isn't even on the birth certificate, he'll have a hard time arguing his rights as the father of the child. She could have him arrested as a stalker and put a restraining order on him.
2007-12-26 17:19:07 · answer #10 · answered by teresathegreat 7 · 1⤊ 2⤋