+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 18
  1. #1
    Poet123 is offline Junior Member
    Join Date
    Jun 2007
    Posts
    1

    Child Custody help

    What is the name of your state? Delaware

    My son's ex girlfriend is expecting his child in Oct she wants him to sign over his rights so she can let her aunt and uncle adopt the child ..She was seperated from her husband at the time they were seeing each other and had filed for divorce now her and her husband are back together and she said that her family can not be a family if this child comes into it he told her that his family would still be a family and he would raise his child she told him no and if he didnt sign over his rights he would be paying alot in child support and she would have him in and out of court..The mother lives in New Jersey my son is in Delaware.What can he do ? Can he file any court papers before the child is born? Thank you for any adviceWhat is the name of your state?
  2. #2
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    65,918
    Quote Originally Posted by Poet123 View Post
    What is the name of your state? Delaware

    My son's ex girlfriend is expecting his child in Oct she wants him to sign over his rights so she can let her aunt and uncle adopt the child ..She was seperated from her husband at the time they were seeing each other and had filed for divorce now her and her husband are back together and she said that her family can not be a family if this child comes into it he told her that his family would still be a family and he would raise his child she told him no and if he didnt sign over his rights he would be paying alot in child support and she would have him in and out of court..The mother lives in New Jersey my son is in Delaware.What can he do ? Can he file any court papers before the child is born? Thank you for any adviceWhat is the name of your state?
    She can't put the child up for adoption without his permission. If he quickly files to establish paternity/custody etc after the child is born, then she also can't give custody of the child to anyone else without his permission.

    I suspect that her husband isn't willing to accept the child, and therefore she wants the child to be in her extended family.

    If your son wants to be a father, then make sure that he has an attorney and is ready to go as soon as the baby is born.

    However, I suspect that mom's relationship with her husband is going to fall apart before the baby is born...in which case mom will likely forget the entire idea of adoption.
  3. #3
    TNJustice is offline Member
    Join Date
    Jun 2007
    Posts
    57
    Quote Originally Posted by Poet123 View Post
    What is the name of your state? Delaware

    My son's ex girlfriend is expecting his child in Oct she wants him to sign over his rights so she can let her aunt and uncle adopt the child ..She was seperated from her husband at the time they were seeing each other and had filed for divorce now her and her husband are back together and she said that her family can not be a family if this child comes into it he told her that his family would still be a family and he would raise his child she told him no and if he didnt sign over his rights he would be paying alot in child support and she would have him in and out of court..The mother lives in New Jersey my son is in Delaware.What can he do ? Can he file any court papers before the child is born? Thank you for any adviceWhat is the name of your state?
    Yes he can file before the baby is born and should (it would look very good to a Judge). He needs to file a Petition to Establish Parentage and can even request that the dna test be done in the hospital the day the child is born.
  4. #4
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    Kit Carson, CO
    Posts
    25,797
    Please do provide New Jersey law links supporting your statement. This is most unusual legal information you've typed below, and we're going to need proof. Thanks.

    Quote Originally Posted by TNJustice View Post
    Yes he can file before the baby is born and should (it would look very good to a Judge). He needs to file a Petition to Establish Parentage and can even request that the dna test be done in the hospital the day the child is born.
  5. #5
    jbowman is offline Senior Member
    Join Date
    Oct 2006
    Posts
    2,183
    Yes, please do, Ive never heard of that.
  6. #6
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    Kit Carson, CO
    Posts
    25,797
    Quote Originally Posted by jbowman View Post
    Yes, please do, Ive never heard of that.
    Neither has "TNJustice!"
  7. #7
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,785
    Yes he can file before the baby is born and should (it would look very good to a Judge).
    Bull ****.

    He needs to file a Petition to Establish Parentage and can even request that the dna test be done in the hospital the day the child is born.
    He can request a paternity test the day the child is born and mom can say no. Because he has no legal rights until a court order states that he has legal custody or ORDERS a DNA test.
    Please learn the law, Ms. TN Judge/Attorney who knows no law. Hmmm.. I guess you were a beauty pageant judge right?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  8. #8
    TNJustice is offline Member
    Join Date
    Jun 2007
    Posts
    57
    Quote Originally Posted by Ohiogal View Post
    Bull ****.



    He can request a paternity test the day the child is born and mom can say no. Because he has no legal rights until a court order states that he has legal custody or ORDERS a DNA test.
    Please learn the law, Ms. TN Judge/Attorney who knows no law. Hmmm.. I guess you were a beauty pageant judge right?
    The courts CAN Order that a dna test be done during the hospital stay at the time of birth to establish paternity.
  9. #9
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,283
    Quote Originally Posted by TNJustice View Post
    The courts CAN Order that a dna test be done during the hospital stay at the time of birth to establish paternity.
    Post the case law to support this, please.
  10. #10
    Ohiogal is offline Senior Member
    Join Date
    Dec 2005
    Location
    Ohio
    Posts
    52,785
    Again TNJustice. BULL ****!
    The only thing that can be done in the 48-72 hours after the child is born to establish paternity (other than filing in court and waiting for a hearing) is the signing of a VOLUNTARY AFFIDAVIT OF PATERNITY. NOT a paternity test. The putative father CAN walk in to court the day the baby's born and file for paternity and a hearing at which time the court WILL most likely order a paternity test to take place. Paternity tests ARE NOT cause for ex parte orders. Of course being a judge like you have said you were you would know this.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  11. #11
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    Kit Carson, CO
    Posts
    25,797
    First you wrote this:
    Quote Originally Posted by TNJustice View Post
    Yes he can file before the baby is born and should (it would look very good to a Judge). He needs to file a Petition to Establish Parentage and can even request that the dna test be done in the hospital the day the child is born.
    Which is not the same as what you wrote later:
    Quote Originally Posted by TNJustice View Post
    The courts CAN Order that a dna test be done during the hospital stay at the time of birth to establish paternity.
    And you've supported neither bold statement with links to supporting case law, despite numerous requests and warnings.

    Whatever happened to the part you first wrote that he could file before the child is born?

    You just need to sit back and read. Your "contributions" to the legal aspects of the problems of other posters are wrong, unsupported, and therefore unwelcome.
  12. #12
    downhill is offline Junior Member
    Join Date
    Jun 2007
    Posts
    8
    In the state I live in, the father must be present at the hospital during birth to be on the birth certificate.

    You experts know if this man should file a motion or not but it just seems to make sense to go to court and put a stake in the ground.

    The jurisdiction is where the child is born or where the father files a motion?
  13. #13
    mommyof4 is offline Senior Member
    Join Date
    Feb 2007
    Location
    Ohio via TX
    Posts
    3,940
    As much as I hate to have to admit it (because I just know she/he/it is going to interpret this as justifcation for her other lies and incorrect info) , TNjustice is PARTIALLY correct.

    NJ Statutes:

    9:17-45 Action to determine existence of parent-child relationship.
    8. a. A child, a legal representative of the child, the natural mother, the estate or legal representative of the mother, if the mother has died or is a minor, a man alleged or alleging himself to be the father, the estate or legal representative of the alleged father, if the alleged father has died or is a minor, the Division of Family Development in the Department of Human Services, or the county welfare agency, or any person with an interest recognized as justiciable by the court may bring or defend an action or be made a party to an action at any time for the purpose of determining the existence or nonexistence of the parent and child relationship.

    b.No action shall be brought under P.L.1983, c.17 (C.9:17-38 et seq.) more than five years after the child attains the age of majority.

    c.The death of the alleged father shall not cause abatement of any action to establish paternity, and an action to determine the existence or nonexistence of the parent and child relationship may be instituted or continued against the estate or the legal representative of the alleged father.

    d.Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with subsection c. of section 11 of P.L.1983, c.17 (C.9:17-48) between an alleged or presumed father and the mother of the child, shall not bar an action under this section.

    e.If an action under this section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony. The court may consider the issue of medical expenses and may order the alleged father to pay the reasonable expenses of the mother's pregnancy and postpartum disability. Bills for pregnancy, childbirth and genetic testing are admissible as evidence without requiring third party foundation testimony, and shall constitute prima facie evidence of the amounts incurred for such services or for testing on behalf of the child.
    f.This section does not extend the time within which a right of inheritance or a right to succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise, or limit any time period for the determination of any claims arising under the laws governing probate, including the construction of wills and trust instruments.

    L.1983,c.17,s.8; amended 1997, c.376, s.2; 1998, c.1, s.39.
    I say partially, because he can file to establish paternity, but nothing but service/depositions (if any) will be done until AFTER the birth of the child.

    Further, in this case, as the mother is married, her husband will be the legal father at the time of birth. The only way this man can establish legal paternity is with the written consent of her husband or a trial.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:



    1. Section 6 of P.L.1983, c.17 (C.9:17-43) is amended to read as follows:

    6. a. A man is presumed to be the biological father of a child if:

    (1) He and the child's biological mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment or divorce;

    (2) Before the child's birth, he and the child's biological mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

    (a) if the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment or divorce; or

    (b) if the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation;

    (3) After the child's birth, he and the child's biological mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

    (a) he has acknowledged his paternity of the child in writing filed with the local registrar of vital statistics;

    (b) he has sought to have his name placed on the child's birth certificate as the child's father, pursuant to R.S.26:8-40; or

    (c) he openly holds out the child as his natural child; or

    (d) he is obligated to support the child under a written voluntary agreement or court order;

    (4) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child;

    (5) While the child is under the age of majority, he provides support for the child and openly holds out the child as his natural child; [or]

    (6) He acknowledges his paternity of the child in a writing filed with the local registrar of vital statistics, which shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the local registrar. If
    another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father. Each attempted acknowledgment, whether or not effective, shall be kept on file by the local registrar of vital statistics and shall entitle the person who filed it to notice of all proceedings concerning parentage and adoption of the child, as provided in section 10 of P.L.1983, c.17 (C.9:17-47) and pursuant to section 9 of P.L.1977, c.367 (C.9:3-45); or

    (7) Blood or genetic tests have been administered in accordance with the provisions of section 5 of P.L. , c. (C. )(pending before the Legislature as section 5 of this bill) and the results show that the alleged father is not excluded as the probable father and that the probability of his parentage is 95% or greater.

    b. A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court order terminating the presumed father's paternal rights or by establishing that another man is the child's biological or adoptive father.

    c. Notwithstanding the provisions of this section to the contrary, in an action brought under this act against the legal representative or the estate of a deceased alleged father, the criteria in paragraphs (4) and (5) of subsection a. of this section shall not constitute presumptions but shall be considered by the court together with all of the evidence submitted. The decision of the court shall be based on a preponderance of the evidence.

    d. In the absence of a presumption, the court shall decide whether the parent and child relationship exists, based upon a preponderance of the evidence.

    e. There is a rebuttable presumption that a man has knowledge of his paternity and the birth of a child if he had sexual intercourse with the biological mother within 300 days of the child's birth. This presumption may be rebutted only by clear and convincing evidence in an appropriate action based on blood or genetic testing pursuant to section 5 of P.L. , c. (C. )(pending before the Legislature as section 5 of this bill), fraud, duress, or misrepresentation by the biological mother concerning the paternity or birth of the child. This claim [of ] based on blood or genetic testing pursuant to section 5 of P.L. ,c. (C. )(pending before the Legislature as section 5 of this bill), fraud, duress, or misrepresentation must be asserted prior to the finalization of the adoption.

    (cf: P.L.1998, c.20, s.4)
  14. #14
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    Kit Carson, CO
    Posts
    25,797
    Magnificent, mommyof4!
  15. #15
    mommyof4 is offline Senior Member
    Join Date
    Feb 2007
    Location
    Ohio via TX
    Posts
    3,940
    Well, I just re-read the OP. It seems this is in Delaware, so......


    8-502. Order for testing.

    (a) Except as otherwise provided in this subchapter and subchapter VII of this chapter, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:

    (1) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or

    (2) Denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.

    (b) A support-enforcement agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated father.

    (c) If a request for genetic testing of a child is made before birth, the court or support-enforcement agency may not order in-utero testing.

    (d) If 2 or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.

    (74 Del. Laws, c. 136, 1; 70 Del. Laws, c. 186, 1.)

    8-302. Execution of acknowledgment of paternity.

    (a) An acknowledgment of paternity must:

    (1) Be in a record;

    (2) Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;

    (3) State that the child whose paternity is being acknowledged:

    (i) Does not have a presumed father, or has a presumed father whose full name is stated; and

    (ii) Does not have another acknowledged or adjudicated father.

    (4) State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and

    (5) State that the signatories understand that the acknowledgement is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgement is permitted only under limited circumstances and is barred after 2 years.

    (b) An acknowledgment of paternity is void if it:

    (1) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the Office of Vital Statistics;

    (2) States that another man is an acknowledged or adjudicated father; or

    (3) Falsely denies the existence of a presumed, acknowledged or adjudicated father of the child.

    (c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.

    (74 Del. Laws, c. 136, 1; 70 Del. Laws, c. 186, 1.)


    8-303. Denial of paternity.

    A presumed father may sign a denial of his paternity. The denial is valid only if:

    (1) An acknowledgment of paternity signed, or otherwiseauthenticated, by another man is filed pursuant to 8-305 of this title;

    (2) The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and

    (3) The presumed father has not previously:

    (i) Acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to 8-307 of this title or successfully challenged pursuant to 8-308 of this title; or

    (ii) Been adjudicated to be the father of the child.

    (74 Del. Laws, c. 136, 1; 70 Del. Laws, c. 186, 1.)

    Subchapter VI. Proceeding to Adjudicate Parentage

    PART 1. NATURE OF PROCEEDING

    8-607. Limitation: Child having presumed father.

    (a) Except as otherwise provided in subsection (b) of this section, a proceeding brought by a presumed father, the mother or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than 2 years after the birth of the child.

    (b) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the Court determines that:

    (1) The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and

    (2) The presumed father never openly held out the child as his own.

    (74 Del. Laws, c. 136, 1; 70 Del. Laws, c. 186, 1.)


    So it seems, whether he is in NJ or Delaware, he's got the same issue. He's not going to have the baby tested the minute he or she is born. There's too many "dads" involved to move that quickly.
    Last edited by mommyof4; 06-28-2007 at 12:09 PM.

Similar Threads

  1. Child Custody in Ohio - how easily can he change the custody agreement.
    By lheiberger in forum Child Custody & Visitation
    Replies: 15
    Last Post: 12-01-2011, 09:44 PM
  2. Obtaining Primary physical custody of a child when parents share joint custody
    By lilcowgurl1819 in forum Child Custody & Visitation
    Replies: 3
    Last Post: 08-02-2011, 10:53 AM
  3. Replies: 5
    Last Post: 09-22-2008, 04:41 PM
  4. Replies: 0
    Last Post: 08-15-2002, 01:07 PM
  5. Replies: 0
    Last Post: 07-15-2001, 03:14 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.