| Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters. |
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02-08-2008, 07:33 PM
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Junior Member
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Join Date: Feb 2008
Location: TEXAS
Posts: 11
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Father Of Baby Not Signing Birth Certificate What Kind Of Rights Does He Have?
My mother just had a baby and the father was not present when he was suppose to sign the birth certificate and he did not sign the BC. he visits my baby sister but he does not give child support or help out in anyway and has not made anything legal in terms of sign any legal documentaton stating hes the biological father. My mother and i were wanting to move not out of state we wanted to stay in Texas but just move south but he threated my mother he would get a lawyer and take legal action can he do that? Does he even have that much authority even if he didnt even recognize my sister?
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02-08-2008, 07:43 PM
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Senior Member
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Join Date: Oct 2007
Posts: 2,237
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Re: Father Of Baby Not Signing Birth Certificate What Kind Of Rights Does He Have?
He will first have to establish paternity. Until then, he has no legal relation to the child. The court will order the test. If he is established as the father, he can then be added to the birth certificate, seek custody and/or visitation, and will be subject to child support. He can also petition about where the child lives, and/or about who gets to pay travel expenses for visitation.
__________________
Catherine NeSmith
Executive Director
AARDVARC.org, Inc.
http://www.aardvarc.org
#1 lesson: The only person who can give YOU legal advice is YOUR attorney
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02-08-2008, 07:49 PM
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Junior Member
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Join Date: Feb 2008
Location: TEXAS
Posts: 11
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Re: Father Of Baby Not Signing Birth Certificate What Kind Of Rights Does He Have?
So has of right now he has no legal right to my sister at all. Cause we have brought of the signing the BC and he changes subject. But when subject of moving comes up that is when the threats begin and it worries my mom. So say he gets a lawyer and we get a lawyer and we go to court do you think a judge would order a paternity test order him sign BC papers in order for him to have rights?
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02-08-2008, 08:29 PM
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Senior Member
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Join Date: Jan 2008
Posts: 1,493
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Re: Father Of Baby Not Signing Birth Certificate What Kind Of Rights Does He Have?
yes - as of right now he has no legal right to tell your mom to do anything. HE must file asking for a paternity test. IF he is determined to be the father then he will be ordered to pay child support. IF he wants to visit your sister he must file with the court and get an order of visitation and if he wants to stop your mom from moving he would also have to get the courts to order her not to move more than a certain distance. It sounds to me like he is just trying to scare your mom.
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02-08-2008, 08:38 PM
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Junior Member
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Join Date: Feb 2008
Location: TEXAS
Posts: 11
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Re: Father Of Baby Not Signing Birth Certificate What Kind Of Rights Does He Have?
That is what is to me too! I just wanted to know if ther was a legal way we could go about this since he always throwing the lawyer threats at us i wanted to make sure we werent violating any laws. We are actually being the nice ones and letting him see my sister, In Texas all he has to do is go to the court house and ask add his name to my sisters BC and pay the fees correct? After that shild support and visitations can be decided by the courts later correct?
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02-08-2008, 09:45 PM
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Senior Member
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Join Date: Oct 2007
Posts: 2,237
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Re: Father Of Baby Not Signing Birth Certificate What Kind Of Rights Does He Have?
He has to request that paternity be established. The court will order a test to be done. If the test results show that he's the father, he goes on from there. Until that step is done, nothing else can happen.
__________________
Catherine NeSmith
Executive Director
AARDVARC.org, Inc.
http://www.aardvarc.org
#1 lesson: The only person who can give YOU legal advice is YOUR attorney
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