Legal Requirements To Notify The Father Of A Pregnancy

JaneDoe17 · #1 07-01-2007, 03:31 PM

I live in New York State. What are the laws concerning informing a father who is unaware that he is likely the father of an unborn child? And are there future consequences for a mother who does not inform the father?

What kind of laws are there for terminating a fathers rights who carries a history of DWI and is currently a heavy drug user?

Baystategirl · #2 07-01-2007, 03:48 PM

Quoting JaneDoe17

I live in New York State. What are the laws concerning informing a father who is unaware that he is likely the father of an unborn child? And are there future consequences for a mother who does not inform the father?

What kind of laws are there for terminating a fathers rights who carries a history of DWI and is currently a heavy drug user?

Are you married to this man?

JaneDoe17 · #3 07-02-2007, 08:28 PM

Not married to the man. Dated for the last year and broke it off before I was aware of the pregnancy but after I was aware of his continued drug use. Called three times after I became aware I was pregnant and I also had found out that he is carrying an STD which he passed to me- but he has not returned the calls. That was two months ago.

Would rather have him uninvolved at all to avoid exposing future child to addictive and unstable environment. Could care less for child support, despite the fact that he is more then able. Would just like him not involved but I know he would not sign off and his family can afford excellent legal services.

What are my rights in keeping him out of this situation for the wellbeing of the child?

cbent2005 · #4 07-03-2007, 05:27 AM

Quoting JaneDoe17

Not married to the man. Dated for the last year and broke it off before I was aware of the pregnancy but after I was aware of his continued drug use. Called three times after I became aware I was pregnant and I also had found out that he is carrying an STD which he passed to me- but he has not returned the calls. That was two months ago.

Would rather have him uninvolved at all to avoid exposing future child to addictive and unstable environment. Could care less for child support, despite the fact that he is more then able. Would just like him not involved but I know he would not sign off and his family can afford excellent legal services.

What are my rights in keeping him out of this situation for the wellbeing of the child?

Like it or not, he is that childs dad and they have a right to a relationship. SO, if dad WANTS to be involved, you have few options. You could do something fraudulant (not put his name on the birth certificate) but I don't recommend that. You could go to court and present case for why you believe he is dangerous for the child. The judge could rule in your favor, but I don't think that the judge would prevent any visitation at all(probably supervised, etc) - the judge might even court order rehab as a prerequisite for visitation. In any event, it will be nearly impossible to completely cut dad out of the baby's life (especially if he wants to be a part of the child's life). Maybe he won't want to be involved and will voluntarily stay away. But do the right (and legal) thing. Tell him when the baby is born and put him on the birth certificate. You don't want it to come back on you if it ever ends up in court. Good luck.

Baystategirl · #5 07-03-2007, 05:29 AM

Quoting cbent2005

Like it or not, he is that childs dad and they have a right to a relationship. SO, if dad WANTS to be involved, you have few options. You could do something fraudulant (not put his name on the birth certificate) but I don't recommend that. You could go to court and present case for why you believe he is dangerous for the child. The judge could rule in your favor, but I don't think that the judge would prevent any visitation at all(probably supervised, etc) - the judge might even court order rehab as a prerequisite for visitation. In any event, it will be nearly impossible to completely cut dad out of the baby's life (especially if he wants to be a part of the child's life). Get a lawyer and be prepared to go to court.

She would not be legally ALLOWED to put dads name on the BC.

cbent2005 · #6 07-03-2007, 05:34 AM

Quoting Baystategirl

She would not be legally ALLOWED to put dads name on the BC.

I guess I misunderstood what I read. I thought that that she still had to put the name on the birth certificate even if legal paternity hadn't been established thru DNA. I stand corrected on that part. Thanks

Baystategirl · #7 07-03-2007, 06:20 AM

Quoting cbent2005

I guess I misunderstood what I read. I thought that that she still had to put the name on the birth certificate even if legal paternity hadn't been established thru DNA. I stand corrected on that part. Thanks

Nope! Unless Dad is there to sign, the fathers name would remain blank.

But once Dad becomes aware that Mom has had a child he could petition the court for paternity/custody/support.

Just Breath · #8 07-03-2007, 12:19 PM

and until Dad DOES go to court to establish paternity, IF he does, he is not the legal father of the child and has no legal rights to custody or visitation.

Based on my personal experience (like you, I thought I was doing the right thing by not pushing the issue at birth...but I am addressing it now 14 yrs later) I urge you to inform him of the pregnancy and file proceedings (either through your local support enforcement office or through a private attorney) to establish the parent-child relationship as soon as possible after the child's birth. At that time, Dad can request a DNA test if he has any doubts. Whether you like him now or not, if he is your child's father....HE IS YOUR CHILD'S FATHER and your child has the right to know that. Your child will not have to leave the father section blank on his/her school records or college applications. Your child will be entitled to SS benefits if Dad passes prematurely. Your child will have inheritance rights. Your child is entitled to the financial support...at least...of both parents. Your child is entitled to an opportunity to have a relationship with his/her father.

The court can establish paternity, order that the birth certificate be modified accordingly and complete your child's identity. The court will order that he pay support. The court can order a visitation schedule, but they can't MAKE him be a good father. That is the risk you took when you conceived a child with him.

Just a hypothetical....but imagine your child needs a vital donor match down the road and you are not available to identify his father or so much time has passed that you've lost track of him or his relatives.

JaneDoe17 · #9 07-03-2007, 05:11 PM

My question I suppose is more directed towards the fact that I have heard that laws exist which allow a mother to terminate a fathers rights based on legally proved drug and alcohol abuse. This would include four DWI's and three court ordered rehabs.

As for, "That is the risk you took when you conceived a child with him" (Just Breath) it isn't quite that simple and I think anyone who has ever been involved in relationship where they have been lied to for the course of that relationship would agree. But in the end, thats a matter of personal judgement, not legality. And while the child has a right to know the father, the child also has a right to the opportunity to live a clean life- not influenced by a family ruled more by substances then can be seen from the outside. I do like the father but also know now the extent of his substance abuse. Thank you for your opinion, experience and perspective.

Just Breath · #10 07-06-2007, 07:44 AM

Quoting JaneDoe17

My question I suppose is more directed towards the fact that I have heard that laws exist which allow a mother to terminate a fathers rights based on legally proved drug and alcohol abuse. This would include four DWI's and three court ordered rehabs.

As for, "That is the risk you took when you conceived a child with him" (Just Breath) it isn't quite that simple and I think anyone who has ever been involved in relationship where they have been lied to for the course of that relationship would agree. But in the end, thats a matter of personal judgement, not legality. And while the child has a right to know the father, the child also has a right to the opportunity to live a clean life- not influenced by a family ruled more by substances then can be seen from the outside. I do like the father but also know now the extent of his substance abuse. Thank you for your opinion, experience and perspective.

You cannot terminate his rights without first establishing his paternity. Since you were not married, he has no legal rights until paternity is established. Once paternity is established, if he seeks visitation rights, he will likely receive those rights. You will not be able to have his rights terminated unless you can prove to the court that he is a danger to the child. While certainly no mother in her right mind would WANT to allow a known drug abuser around her child, if his drug abuse has not yet directly affected the child, your claim is just speculation as to what could happen, not proof that he would do drugs around the child or be in an altered state when the child is in his care. Unfortunately, before the court would terminate his rights, there would have to be evidence that such an abuse or gross negligence on his part actually occurred.