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  1. #1
    momneedingadvic is offline Junior Member
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    Question Can I take him back to court and get a visitation order and or a child support order?

    What is the name of your state (only U.S. law)? Arkansas
    I had a son out of wedlock when I was 21. His father signed an acknowledgement of paternity at the hospital. He was in our lives for the first month or so, then we split up. He was given the option of removing him as the father on the birth certificate or getting visitation and paying child support. He chose to be removed. At that time I didn't care because he was not mature enough to have our son regularly. So, the court order removed him as the father and changed his last name. Now our son is old enough to be told and I have contacted his father but he refuses to see him. I did change our sons last name back to my last name by way of a court order. The court order also removed his father from his birth certificate. Can I take him back to court and get a paternity test done and prove he is the father and then get a visitation order and or a child support order?
  2. #2
    CourtClerk is offline Senior Member
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    Didn't you get what you wanted the first time? Stop toying with all these people. Stand up for your convictions.

    Tell your child that you gave his father the option of removing himself from his life and he accepted your offer. You're sorry that you made such a stupid, selfish decision because that decision wasn't in his best interest at all, but it made you feel better (at least at the time) - and now, his father has decided to abide by the decision you made.
  3. #3
    momneedingadvic is offline Junior Member
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    Angry

    This is not about me!!! It was not at all what I wanted!! If I had my way his father would have grown up some and been involved with his child. He simply didn't want the responsibility of his son if I wasn't going to stay with him, but he put his hands on me one too many times and I left!!! I want what is right for my child! He deserves that. I was young and didn't understand the legal system, this was something that the attorneys decided I had no real understanding of how it worked,but I thought, they are attorneys and so I just agreed, not knowing how things would play out. My son deserves to know and meet his father!!!!!!!!!
  4. #4
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by momneedingadvic View Post
    What is the name of your state (only U.S. law)? Arkansas
    I had a son out of wedlock when I was 21. His father signed an acknowledgement of paternity at the hospital. He was in our lives for the first month or so, then we split up. He was given the option of removing him as the father on the birth certificate or getting visitation and paying child support. He chose to be removed. At that time I didn't care because he was not mature enough to have our son regularly. So, the court order removed him as the father and changed his last name. Now our son is old enough to be told and I have contacted his father but he refuses to see him. I did change our sons last name back to my last name by way of a court order. The court order also removed his father from his birth certificate. Can I take him back to court and get a paternity test done and prove he is the father and then get a visitation order and or a child support order?
    Those options don't make legal sense.
  5. #5
    milspecgirl is offline Senior Member
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    something doesn't smell right here. What court in the world would allow a father to just step away from his responsibility??? Not a chance. If there was, parents who didn't want to pay CS would be doing it all the time. No court in this world is going to take away a parent without a parent to take the place (termination/adoption) without a VERY good reason (molestation, murder- and then I wouldn't think she'd be wanting him in the child's life)
  6. #6
    momneedingadvic is offline Junior Member
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    I didn't come here to get talked down to, I can here for help and guidance. I was engaged to this man, I got pregnant, and I have raised my son on my own without any assitance from anyone for 9 years now. I made a mistrake but I love my son and want nothing but the best for him!! This is exactly what the court system done. And no I did not go to court and say any of that, because I never even had to go to court. I don't know how it was all handled but I do know I received a certified copy of court documents that state that he was giving up his parental rights, his name was to be removed from the birth certificate and that my sons name could be changed. Thats it! That's all i know! He is however, without a doubt the biological father, that has never been in question, and he should be held responsible. Yes, he should have back when my son was born, but I didn't know how any of this stuff worked! So, now my only question was can he still be held responsible?????
  7. #7
    milspecgirl is offline Senior Member
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    If his parental rights were terminated- then NOPE- he isn't the dad legally. You should have protested that at the time. It cannot be undone.
  8. #8
    CourtClerk is offline Senior Member
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    Quote Originally Posted by momneedingadvic View Post
    my only question was can he still be held responsible?????
    Nope.... your kid no longer legally has a father because he severed his parental rights. This man is not your child's father.
  9. #9
    momneedingadvic is offline Junior Member
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    Can he be forced to take a paternity test and prove paternity at this point?? I know of a case where a g 16 had a baby, knew who the father was, but had nothing to do with him. She later married another guy when her child was 2, he signed and acknowledgment of paterniity and claimed the child as his. They divorced when her child was 6. She asked him for child support, he refused saying it was not his child. So, the bio. mom went to court and got an order against the bio. father who had never been in the picture and without a paternity test even being done. Biological father did not show up in court nor did he try to fight her. She got an order fo 20,000 back support, when there was another father on the birth certificate all those years, now how legal is that?? All I want is for my childs bio. dad to have to be responsible. I have never had another father on the birth certificate or anything else like that.
  10. #10
    CourtClerk is offline Senior Member
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    Quote Originally Posted by momneedingadvic View Post
    Can he be forced to take a paternity test and prove paternity at this point??
    The court has already terminated this man's rights to the child. You can't reinvent the wheel. Justice has been served. He can't be declared the father, then not declared the father, then 9 years later be declared the father again. He's done - so are you.
  11. #11
    momneedingadvic is offline Junior Member
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    Thats funny!! Just got off the phone with the attorney i used originally, that is familiar with the case and the rulings! He says that it can be done!! Thanks again for your advice but I think I'll go with the attorney who is familiar with the situation. Thanks again!!!!!!!!!!!!!!
  12. #12
    milspecgirl is offline Senior Member
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    then, if that's the case, I repeat. His rights were never TERMINATED to begin with. He may have had visitation terminated or taken no custody, but his rights were not terminated. It would be like double jeopardy to have them terminated and then un-terminated. and that is unconstitutional.
  13. #13
    Isis1 is offline Senior Member
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    Quote Originally Posted by momneedingadvic View Post
    Thats funny!! Just got off the phone with the attorney i used originally, that is familiar with the case and the rulings! He says that it can be done!! Thanks again for your advice but I think I'll go with the attorney who is familiar with the situation. Thanks again!!!!!!!!!!!!!!
    wait..it's not saturday yet!!! now this doesn't count for the drinking game!! it's a shot!! can i save this one for saturday????

    OG Effect!!!

    OP, the only way to undo all that...is because it was never done right int he first place.

    i'm still curious how a parent's rights were legally terminated without you ever signing anything or going to court.....and dad's signature on ANYTHING counts for nothing. a judge's signature would have to be on it.

    OP, either you are lying about everything, or you have absolutely no idea what happened with your own child.
  14. #14
    CourtClerk is offline Senior Member
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    Quote Originally Posted by momneedingadvic View Post
    Thats funny!! Just got off the phone with the attorney i used originally, that is familiar with the case and the rulings! He says that it can be done!! Thanks again for your advice but I think I'll go with the attorney who is familiar with the situation. Thanks again!!!!!!!!!!!!!!
    Well since you got in touch with him so easily, why weren't you able to contact him in the last 9 years? Why did you just get in contact with him only after you heard a bunch of stuff you didn't want to hear? Why didn't you ask him how he let all this occur in the first place????
  15. #15
    SESmama is offline Member
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    My thinking is that he agreed to a name change for the child but did not persue any visitations and CS was never persued. Guessing the OP did not research the information enough and the father got what he wanted and was left alone.

    Ignorance of the law is no excuse, right?

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