• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Single mother rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

princessmerry

Junior Member
What is the name of your state (only U.S. law)? mt

I am a single mother to a 3 month old daughter. The father knows of her existence but has never seen her. He is NOT listed on the birth certificate and does NOT pay any child support.
Does he have rights at this point?
How long before he is no longer able to go to court and ask for paternal visitation?

Thank you.
 


Just Blue

Senior Member
does NOT pay any child support.
He should not pay support without a court order to do so and a paternity (DNA) test to prove this is his child.

Does he have rights at this point?
No. He has no rights to a child that isn't LEGALLY his.

How long before he is no longer able to go to court and ask for paternal visitation?
He is able to establish paternity until his POTENTIAL child is 18.
 

princessmerry

Junior Member
More questions

So even if he doesn't try to get any rights so far as parentage or visitation within say a year or two he can still have rights to her?

Since there is no father listed on the birth certificate and nothing pending in the courts, can she legally be adopted by say my boyfriend?
 

Zigner

Senior Member, Non-Attorney
So even if he doesn't try to get any rights so far as parentage or visitation within say a year or two he can still have rights to her?

Since there is no father listed on the birth certificate and nothing pending in the courts, can she legally be adopted by say my boyfriend?
Poor kid...
 

nextwife

Senior Member
. . can she legally be adopted by say my boyfriend?


The non spouse would need to pass a home study and qualify to adopt as a single parent.

In order for a non spouse to adopt her, paternity of dad would need to be established, and then both the biodad and biomom would need to relinquish their parental rights.
 

Just Blue

Senior Member
So even if he doesn't try to get any rights so far as parentage or visitation within say a year or two he can still have rights to her?

Since there is no father listed on the birth certificate and nothing pending in the courts, can she legally be adopted by say my boyfriend?
Grow up. :rolleyes:
 

Proserpina

Senior Member
So even if he doesn't try to get any rights so far as parentage or visitation within say a year or two he can still have rights to her?
Exactly. He can turn up 12 years from now and establish his rights, if that's what he wants to do. You chose this guy to be Daddy - time to accept that and make the best of the situation.

Since there is no father listed on the birth certificate and nothing pending in the courts, can she legally be adopted by say my boyfriend?
Nope. That's not going to happen. In fact, he must establish his rights before being able to sign 'em away (in order to have your future husband - not boyfriend, fiance, best friend - adopt).
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? mt

I am a single mother to a 3 month old daughter. The father knows of her existence but has never seen her. He is NOT listed on the birth certificate and does NOT pay any child support.
Does he have rights at this point?
How long before he is no longer able to go to court and ask for paternal visitation?

Thank you.
Tell me this - what have YOU done to encourage a relationship between the child and her father?
 
Tell me this - what have YOU done to encourage a relationship between the child and her father?
why should she have to chase the father around...he knew of the child exsistance as w`ell:rolleyes:..I dont understand why the mother have to do all the chasing around:rolleyes::rolleyes::rolleyes: the father knew of this information also and could have made an effort too...please!!
 

cyjeff

Senior Member
why should she have to chase the father around...he knew of the child exsistance as w`ell:rolleyes:..I dont understand why the mother have to do all the chasing around:rolleyes::rolleyes::rolleyes: the father knew of this information also and could have made an effort too...please!!
For several reasons, actually.

One, because he has a responsibility to financially support his child.

Two, because a child that has an opportunity to be raised, loved and nurtured by both parents has been found to be much more emotionally stable.

Three, because to lie to a child that mom's newest love bunny is dad is absolutely deplorable.

Four, because it is the adult thing to do.
 

nextwife

Senior Member
why should she have to chase the father around...he knew of the child exsistance as w`ell:rolleyes:..I dont understand why the mother have to do all the chasing around:rolleyes::rolleyes::rolleyes: the father knew of this information also and could have made an effort too...please!!

You can roll your eyes all you want. Legally, there is no father.

Because she chose to have a child without being married first. That means that the child HAS NO FATHER until paternity is legally established. This is not HIS child until a dna test says it is. He has no proof this is not another man's child. Why SHOULD he either support or develope a relationship with this child when this may be someone elses? He wasn't with her 24/7. There is NO WAY he can KNOW, at this point WHOSE child this is.

If she wished her child to have a dad at birth, she should have had a child with her spouse. not as an unmarried woman.
 

Proserpina

Senior Member
why should she have to chase the father around...he knew of the child exsistance as w`ell:rolleyes:..I dont understand why the mother have to do all the chasing around:rolleyes::rolleyes::rolleyes: the father knew of this information also and could have made an effort too...please!!
Oh I don't know - perhaps to do whatever is in her power to ensure her child has TWO parents?

You can roll your eyes as much as you want - but a responsible parent will ALWAYS try to facilitate a relationship between the child and the other parent...and if that means "chasing around", then so be it.

Or are you saying the child doesn't deserve such effort?

ETA: Also, what nexty and UnkaJeffy said ;)
 
For several reasons, actually.

One, because he has a responsibility to financially support his child.

Two, because a child that has an opportunity to be raised, loved and nurtured by both parents has been found to be much more emotionally stable.

Three, because to lie to a child that mom's newest love bunny is dad is absolutely deplorable.

Four, because it is the adult thing to do.

Just like it's the adult thing for the potential father to step up and actually put forth the effort to see the CHILD...please
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top