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  1. #1

    Exclamation Birth Certificates and Father's Rights

    My question involves paternity law for the State of: Michigan.

    I hope someone could give me some insight on this situation.

    I am currently pregnant due in the next few weeks. The father of the child and I split up when I was 3-4 months along.
    We had a DV issue. I called the police, charges were brought, but I never went to court so they were dropped against him. I moved out.

    During this time, I have tried to contact him over and over to find out what he plans to do when our child is born. He is completely avoiding me, which is fine. I don't plan to go out of my way when the child is born. I will just leave him off the birth certificate. Basically, I just want him to be in the childs life completely or out of it completely.

    I'd like to know what his rights will be if he does not sign the birth cert. Also, will he be able to show up 2-3 years from now and get visitation with a child that he does not know? After a period of time would I be able to prove abandament on his part?

    Thank you for the advice in advance.

  2. #2
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    Default Re: Birth Certificates and Fathers Rights

    I will just leave him off the birth certificate
    .that is good because unless both of you sign an affidavit of paternity, that is the only thing you can do.


    Basically, I just want him to be in the childs life completely or out of it completely.
    not your choice though

    I'd like to know what his rights will be if he does not sign the birth cert.
    rights to what? If he is not legally known as the father, he has no rights to the child until his paternity is established. He has the right to sue to establish paternity and if found to be the father, he also has the right to seek visitation or even custody if he chooses.

    Also, will he be able to show up 2-3 years from now and get visitation with a child that he does not know?
    it depends on what happens between now and then but very likely, yes although it very likely would be limited and/or supervised


    After a period of time would I be able to prove abandament on his part?
    not unless he is adjudicated to be the father first. You cannot cut off a fathers rights unless he, and the courts, know that he is the father first.

  3. #3
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    Default Re: Birth Certificates and Fathers Rights

    Actually she could, although he would be entitled to notice of the petition and, if applicable, could attempt to defend on the basis that she concealed the child from him. That would be something that might occur within the context of step-parent adoption.

  4. #4

    Default Re: Birth Certificates and Father's Rights

    Thank you for your imput.


    Quote:
    Also, will he be able to show up 2-3 years from now and get visitation with a child that he does not know?

    it depends on what happens between now and then but very likely, yes although it very likely would be limited and/or supervised



    Quote:
    After a period of time would I be able to prove abandament on his part?

    not unless he is adjudicated to be the father first. You cannot cut off a fathers rights unless he, and the courts, know that he is the father first.
    __________________



    It is not my goal to keep this child away from his father but at the same time I want him to have a stable life. I don't want the child to end up 2-3 years old ...or even 7-8 and the father decides he finally wants to do something. Then, who knows at that point probably be in and out anyways.

    So would it be in my best interest to notify a family court when the child is born as to who the father is? So after a period of time I could prove that I've tried to establish a relationship with no reply?

    Or.

    Should I just let a 'sleeping dog lie' - Just wait until he notifys the court if and when he'd like to see his child?

  5. #5
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    Default Re: Birth Certificates and Father's Rights

    How can you prove abandonment unless you have proven who the father is and show that he knowingly and intentionally abandoned the child? Until that time, she could make whatever claim she wants but it has no support as truthful.

    How about I amend my response to:


    depending on the circumstances, it may be possible.

    While accurate, I simply felt that was a bit misleading. There is generally much more to it than that.

    Nothing has to happen the instant the child is born. It would not hurt to wait for some period of time to see what the father does. Personally, I believe it is always better to have both parents known. After all, he is the father and legally, once that is established, he has the same rights as you to be a parent.

    If you seek state aid, you will be required to allow paternity to be established as the state will require dad to pay child support. Not inferring this is your intent, just tossing it in for knowledge.

  6. #6
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    Default Re: Birth Certificates and Fathers Rights

    Quote Quoting Mr. Knowitall
    View Post
    Actually she could, although he would be entitled to notice of the petition and, if applicable, could attempt to defend on the basis that she concealed the child from him. That would be something that might occur within the context of step-parent adoption.

    A TPR/step-parent adoption based upon abandonment simply will not happen without the biological father's rights first being established, except in extremely unusual circumstances...and OP hasn't given any indication that they would apply here.

    (I think y'all know where I'm going with this one )

  7. #7
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    Default Re: Birth Certificates and Fathers Rights

    Some states have putative father registries, and if the putative father does not add his name to the registry he risks losing his right to notice of adoption proceedings (the specifics vary by state).

    For step-parent adoption where paternity was not established by marriage, acknowledgment or prior legal action, Michigan has a standard petition form for adoption proceedings by which a mother can ask a court to identify a putative father as the child's father and terminate his parental rights within a single hearing. The grounds upon which a judge may terminate the putative father's rights are outlined in the associated standard order form.

    None of which is to challenge your larger point. This is information that may be useful in the future.

  8. #8
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    Default Re: Birth Certificates and Father's Rights

    but, and as I stated, paternity still must be acknowledged by the court first before they can severe the relationship. It would appear that the first petition is only a precursor to the second petition if paternity has not been established.




    In the second petition, it clearly shows that a putative father has to be notified with the one exception of:

    He cannot be located after reasonable effort was made. He has not provided support for the mother, has not shown any
    interest in the child, and has not made provision for the child's care for at least 90 days preceding this hearing.
    but again, notice must be attempted.

    the only other possibilities available are a denial of paternity of a prior spouse during some of the pregnancy of the concerned child or simply the inability to determine the father but even that requires a reasonable effort be made to determine the father.

    I just do not see any way for the mother to simply terminate any possible parental rights without first making an effort to first taking all reasonable efforts to first establish paternity.

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