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Dads rights w/out court order yet

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BobbyR

Junior Member
What is the name of your state?Michigan
My name is on the birth cert. we just split up, and she just moved without telling me where. What are my rights until I can afford an attorney to file for visitation. Are there any "default" rights, given the fact that I am listed on the birth cert? Any advice would be greatly appreciated!!!!!!
 


LdiJ

Senior Member
BobbyR said:
What is the name of your state?Michigan
My name is on the birth cert. we just split up, and she just moved without telling me where. What are my rights until I can afford an attorney to file for visitation. Are there any "default" rights, given the fact that I am listed on the birth cert? Any advice would be greatly appreciated!!!!!!
No, there are no default rights. The fact that you have already established paternity means that things will go quicker and easier for you in establishing visitation rights....however you basically have nothing enforceable until you get court orders.

You are also going to have to be able to locate her to serve her.
 

rodsfan

Junior Member
Going through something similar.
My husband signed an affidavit of paternity on a child he was told was his about three years back. Then mom skipped town. He is trying to locate her and get a DNA test done. He was told that affidavit was bad to sign because she can come back years later and get back support from him and that he would be legally responsible for the kid. Now turn the tables and it means nothing for him to have signed that at the hospital. He can't find her and no one will help him locate her and he can't even force her into court to get the test done. As a guy you basically have absolutely no rights with or without the affidavit. I just don't understand it......
 

BobbyR

Junior Member
reply

BobbyR said:
Yes I did sign the affidavit of parentage. Thank you for answering my post so fast.
What help does the affidavid of parentage offer until I can obtain counsel, which is going to be awhile 'cause of $ issues. Am to believe that I have to just stand by and not see my daughter until I can afford an attorney to set up a visitation schedule. I still have to believe that somehow I have a right to see my child until a judge sets up set visitation.
In other words, can I get in trouble if I go to "grandmas" house to ask to see her (if she's there). Can she call the authorities on me just for trying to see her, her b-day is next week :(
 

brisgirl825

Senior Member
BobbyR said:
What help does the affidavid of parentage offer until I can obtain counsel, which is going to be awhile 'cause of $ issues. Am to believe that I have to just stand by and not see my daughter until I can afford an attorney to set up a visitation schedule. I still have to believe that somehow I have a right to see my child until a judge sets up set visitation.
In other words, can I get in trouble if I go to "grandmas" house to ask to see her (if she's there). Can she call the authorities on me just for trying to see her, her b-day is next week :(
It means that you are already the kid's dad and all you need do is file for visitation/custody instead of proving paternity first.

You need to find her asap.
 

BobbyR

Junior Member
Reply

I'm just thinging of worst case scenario, what if I can't locate her for awhile, Can I get into trouble by going by "grandmas"( where I think she has my daughter due to babysitting, etc) I just can't imagine the authorities arresting me by just trying to see my little girl. Can they say I have no right to see her, even w/ the birth cert and affidavit of parentage, I'm not trying to "steal" her, I just want to see her, even for 5 min. Again, I truly thank you for your interest in my endeavor, and if I can do anything for you, just ask!!!!

Ps
I didn't your other reply until now, Yes, I signed the parentage @ the Hosp. Respectfully,

Bobby R.
 

LdiJ

Senior Member
BobbyR said:
I'm just thinging of worst case scenario, what if I can't locate her for awhile, Can I get into trouble by going by "grandmas"( where I think she has my daughter due to babysitting, etc) I just can't imagine the authorities arresting me by just trying to see my little girl. Can they say I have no right to see her, even w/ the birth cert and affidavit of parentage, I'm not trying to "steal" her, I just want to see her, even for 5 min. Again, I truly thank you for your interest in my endeavor, and if I can do anything for you, just ask!!!!

Ps
I didn't your other reply until now, Yes, I signed the parentage @ the Hosp. Respectfully,

Bobby R.
I would not recommend doing that....if you do, you are likely to get a restraining order slapped on you. It will just complicate your life. Do it the legal way. Find out where she is living and serve her with a petition for visitation/partial custody.
 

CJane

Senior Member
LdiJ said:
I would not recommend doing that....if you do, you are likely to get a restraining order slapped on you. It will just complicate your life. Do it the legal way. Find out where she is living and serve her with a petition for visitation/partial custody.
Exactly.

Look into legal aid, filing without an attorney, etc.
 

LdiJ

Senior Member
BlondiePB said:
Does anyone think that 9 dui's would be just one reason the mother left with the child?

https://forum.freeadvice.com/showthread.php?t=267063
Talk about leaving out critical info....sigh....

Dude...don't even try....you aren't going anywhere with visitation at this point and you are almost guaranteed to get arrested if you try any "sneak attacks". Get your butt into rehab and clean up your act before you try for visitation orders.
 

bondboy1

Junior Member
In reference to the gentlemen seeking out information regarding the affidavit, and what it means to have signed it....all it means is that you acknowledge that you are the father of said child and therefore give up any rights of having a court grant you a paternity test. However, you could always send off for one of your own if you really want to know. As far as seeing your child goes the best thing for you to do is locate her and serve her papers to appear in court. Although a court order is a good thing to have enforcing it sometimes is like pulling teeth. You will get frustrated in during the process, but for your child's sake stick it out.
 

BobbyR

Junior Member
Reply

BlondiePB said:
Does anyone think that 9 dui's would be just one reason the mother left with the child?

https://forum.freeadvice.com/showthread.php?t=267063
Listen Blondie,
Who the hell are u to judge!!! I also left out that "mom" is a drug abuser, as documentedw/the state. She left (in my opinion) because she got caught w/drugs AGAIN!!! Don't judge till u know the lions share of the facts, OK, let me guess, u probably had a bad experience w/ someone of the male gender.
Besides, does my my disease have anything to do with my daughter having a relationship with her father? We have no history of no volence or police coming to the house for problems. Except when"mom" had drug issues. Now how do u feel?
 

LdiJ

Senior Member
BobbyR said:
Listen Blondie,
Who the hell are u to judge!!! I also left out that "mom" is a drug abuser, as documentedw/the state. She left (in my opinion) because she got caught w/drugs AGAIN!!! Don't judge till u know the lions share of the facts, OK, let me guess, u probably had a bad experience w/ someone of the male gender.
Besides, does my my disease have anything to do with my daughter having a relationship with her father? We have no history of no volence or police coming to the house for problems. Except when"mom" had drug issues. Now how do u feel?
I suspect no differently than originally.

Go visit an attorney and tell the truth....and see what kind of reaction you get.
 

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