[Confused4]

Just Breath, i've read the forums and decided to write you since you made the most sense in your advice. My girlfriend was married but seperated when our child was born. No father is listed on birth certificate. girlfriend now divorced. we are still together but shakey, i'm afraid if we break up i will lose being with my daughter. Asking for a paternity test might mess things up between us and i don't want to rock the boat. My main concern is to be in my daughters life forever. She is everything to me. here are my questions..

1. Can i get a paternity test without her consent?
2. When paternity is established and i am the father, can she just move to another state if she chooses?
3. Does Paternal rights superseed powers of attorney and legal guardianship?

I'm trying to work things out with my girlfriend but no one can predict the future. I only know that raising my daughter is the most important thing to me. I want to thank you for taking the time to read this and answer my question. You brought peace of mind reading your post.

[aaron]

I split this out of the old thread you posted to. You need to identify your state, as laws are different in each state.

[Just Breath]

As Aaron said, the applicable law will depend on the state where you live. But, I believe, the majority of states would find your girlfriend's ex-husband to be the presumed legal father. However, do you know whether their divorce decree addressed any children of the marriage?

Since you were never married to the child's mother and are not listed on the birth certificate, you have no legal rights to custody or visitation because you have not been adjudicated or otherwise found to be the legal father of the child. That doesn't mean you have no hope of fixing the situation now.....but how hard it will be will depend on the following:

1. The laws of your state;
2. Whether the mother had sex with her ex-husband during the possible period of conception of the child;
3. Whether the ex-husband has had any relationship with the child or ever held himself out as the child's father;
4. Whether the ex-husband has ever been ordered to pay child support or provide any other support to the child;
5. Date of child's birth;
6. Date of separation of mother and ex-husband;
7. Date of divorce of mother and ex-husband.
8. In the worse case scenario, would the ex-husband allow his rights to be terminated so that you can adopt or otherwise be adjudicated as the child's father without a fight?

[Confused4]

Hi Just Breath, thank you for getting back to me so quickly. Maybe this will help my questions answering yours numerically.

1. Florida
2. No, she didn't have sex during the possible period of conception of the child
3. No, he has no had relationship with the child, or held himself as her father
4. No, he has not been ordered to pay child support, but ordered to pay for her other child
5. 2005
6. don't know
7. final divorce papers about 3 weeks ago

I read the divorce papers and it says he has to pay child support for their son but the other child(mine) he is not the biological father. I hope this helps you in helping me. Thank you too Aaron.

[Just Breath]

Do the divorce papers actually say that the ex is not the father of the child born in 05? If they don't, a Court MIGHT still interpret that he is the presumed father.

You will need a Florida attorney (I am not an attorney at all). Since you are NOT married to the child's mother, and never have been, and you did not sign an acknowledgment of paternity, then you have no paternal rights AT ALL to this child. It would be in your best interest AND the best interest of the child for you to consider filing a petition to establish paternity with your local family court as soon as possible, requesting a DNA test to confirm your paternity. Assuming the ex-husband does not object to the proceedings, the Court could establish your paternal rights as well as visitation, custody AND your obligation to provide support.

This would, in my opinion, be a good idea to do NOW, whether or not your relationship with the mother ends. Otherwise, since you have no rights, she could leave the state at any time with the child and you have no recourse since she currently is the child's only custodial parent.

[Confused4]

Hi, the divorce papers do state he is not the father of the child. The reason I didn't file for a paternity test is because the mother and I are still together and something like that would make us not together. We are working things out and are going well right now. If we end up getting married then all this was for nothing. My question is can I take one of those online paternity test done to establish paternity and just keep the documents for safe keeping? thank you again for responding so quickly.

[Just Breath]

Getting married may not be all that is required to establish your paternity. I still suggest you contact a Florida attorney.....many will give free initial consultations. Or, you could simply start with contacting the vital records office for the county where the child was born and ask if you can still sign an acknowledgment of paternity. Attached is a link to the Florida Vital Records Registration Handbook if you want to read through it....it may contain the answers you need.

http://www.doh.state.fl.us/planning_...K_2006_Rev.pdf

[Confused4]

thank you very much Just Breath, i think contacting vital records office sounds like a simple idea and i'll start there, you've been very helpful in this confusing time for me....