Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
@SESmama
The mother can attempt to draw it out all she wants, If she doesn't sign the AOP within two days of the birth I'll be starting proceedings to petition the court for a DNA test, this makes the her signing the it irrelevant, and I can't see it taking more than two or three months. If it even takes that long. As suggested I'll be having the DNA test done anyway, regardless of what her decision.
I'm not a lawyer but it seems to me that attempting to tell the court that I'm not the father, when she has stated over and over that I am (it's also on the police report for the DV), may be detrimental to her case of obtaining sole custody. The courts tend to frown upon being untruthful.
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Out of curiosity, do you all simply dislike me alone, or do you really believe that a father shouldn't have equal rights to his child as the mother? If the latter, to what degree do you believe a father should have rights? None?
Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
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Quoting
disgruntledfather
I'm not a lawyer but it seems to me that attempting to tell the court that I'm not the father, when she has stated over and over that I am (it's also on the police report for the DV), may be detrimental to her case of obtaining sole custody. The courts tend to frown upon being untruthful.
If all she wants to do is delay the inevitable, she does not have to represent to the court that you're not the father -- she can instead indicate that she's not certain, then simply let the DNA test and court proceedings play out. It only matters what the court thinks of her if the DNA test results confirm your paternity.
I've skipped over the middle of this thread. I doubt that there's much worth reading between your being told that you cannot compel mom to give you access to the child at the hospital and your last post.
Michigan allows paternity actions to be filed prior to the birth of a child, with proceedings held in abeyance until the child is born.
Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
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Quoting
Mr. Knowitall
Michigan allows paternity actions to be filed prior to the birth of a child, with proceedings held in abeyance until the child is born.
Are you sure about this? I'm on the phone on hold right now with the DHS trying to ask if it's possible, but I doubt they will know anyway. I've been told there is nothing I can do until the child is born by my lawyer, can you give me the source of that information?
Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
From Michigan's Paternity Act:
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Quoting MCL 722.715. Mother and alleged father competent to testify; cross-examination; exclusion of public; continuance until birth of child.
(1) Both the mother and the alleged father of the child shall be competent to testify, and if either gives evidence he or she shall be subject to cross-examination. The court may exclude the general public from the room where proceedings are held, pursuant to this act, admitting only persons directly interested in the case, including the officers of the court, officers or public welfare agents presenting the case, and witnesses.
(2) If the child is not born at the time set for trial, the case, unless the defendant mother or defendant father consents to trial, shall be continued until the child is born.
So yes, I'm sure.
Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
DHS is telling me no too lol, but yes as I can clearly see you are correct, why are people including my lawyer telling me I can't do this? Just because it's not common practice?
Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
Perhaps. I've met lawyers who make me wonder if they've ever read a statute.
Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
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I'm not a lawyer but it seems to me that attempting to tell the court that I'm not the father, when she has stated over and over that I am (it's also on the police report for the DV), may be detrimental to her case of obtaining sole custody. The courts tend to frown upon being untruthful.
I'll address this part. No, it won't affect anything. At all. All she has to do is say "I'm sorry, but he was pestering me and I wasn't sure anyway because I made a mistake and did sleep with someone else at the same". And she will not be penalized for saying that. You need to be so very careful.
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Out of curiosity, do you all simply dislike me alone, or do you really believe that a father shouldn't have equal rights to his child as the mother? If the latter, to what degree do you believe a father should have rights? None?
You've acted like a jerk here; I doubt you're that much of a jerk in real life. You may also want to review post histories of people who have responded.
Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
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Quoting
disgruntledfather
DHS is telling me no too lol, but yes as I can clearly see you are correct, why are people including my lawyer telling me I can't do this? Just because it's not common practice?
No, just because its a little impractical. It really doesn't speed anything up much.
Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
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Quoting
llworking
No, just because its a little impractical. It really doesn't speed anything up much.
Well in any case, E-mailed my lawyer the links to the statute provided by Mr. Knowitall, and also this (3), and he agreed and said he will start drafting up the complaint.
So something productive did come out of this thread after all, this should move things forward at least a month for me towards visitation, so thank you for that info, sincerely.
Re: Does an Unmarried Father Have the Right to See His Child at Hospital when Born
Quote:
Quoting
disgruntledfather
Well in any case, E-mailed my lawyer the links to the statute provided by Mr. Knowitall, and also
this (3), and he agreed and said he will start drafting up the complaint.
So something productive did come out of this thread after all, this should move things forward at least a month for me towards visitation, so thank you for that info, sincerely.
Don't count on it moving things up that much.