Biological fathers rights vs husbands

What is the name of your state? Minnesota

My husband and I seperated about 18 months ago for various reasons. Approximately 9 months after our seperation I became involved with a man (we'll call him Jack) and almost immediately became pregnant by him.

My daughter (and Jacks) is now 3 weeks old. He and I are no longer together for various reasons and we will not ever be getting back together. We were told that we both needed to sign the recognition of parentage as well as the birth certificate. We watched the parenting video they provided and both signed the birth certificate. I signed the ROP the following day when we were allowed to go home. Jack told the nurse the night before that he could come by the following day and sign the ROP. Well...needless to say he still hasn't signed. Now to my understanding it'll have to go thru the courts IF he decides to do so.

Can he (Jack) still attempt to fight for his custodial rights or parental rights if my husband refuses to sign the non parenting statement? From what I've been told by the medical recorder at the hospital, my husband has up to 1 yr after my daughters birth to sign this but he doesn't HAVE to sign it since we are technically still married. Is this true? Can he be forced to sign? What rights or actions can Jack take?

I ask these questions because I want to be as prepared for any and all of this as possible.

[Grace_Adler]

All I can tell you is that right now, your husband is the legal father, if you are still married.

Jack, has no rights at this point until he either signs what is called here, the Affadavit of Paternity or has a paternity test. He can hire a lawyer to get a paternity test done. Once paternity is established he has the same rights as you because that is his child too. He can file for custody and visitation too.

Right now your husband is the legal father which means he has all legal rights and obligations to the child until a paternity test is done showing that he is not the father.

What is the name of your state? Minnesota

Will the paternity test mean that his name will automatically go on the birth certificate when it comes back that he is her father?

Can my husband actually be "forced" to sign the non parenting statement? What happens in the event that he does not want to sign?

[stealth2]

I believe that Jack can take it to court, and if necessary force a DNA test. If he is shown to be the father, he will have the right to file for visitation and/or custody. Whether your husband signs the statement of nonpaternity or not.

[Grace_Adler]

I don't know if it is an automatic thing to change the father's name on the birth certificate. In many areas, you have to petition the court to be able to do that. If the paternity test is done, the biological father can petition the court to have his name listed on it.

No your husband can't be forced to sign it. Why would he need to? If you were married when the child was born, he is the legal father until a paternity test is done and proves otherwise.

no, I was referring to the him signing the non paternity statement. Upon a paternity test, would he then be forced to sign the statement giving up his parental rights?

no, I was referring to the him signing the non paternity statement. Upon a paternity test, would he then be forced to sign the statement giving up his parental rights?

If "Jack" is found, though a paternity test, to be the biological father then daddy doesn't have to sign anything. Because legally he won't be daddy anylonger.

Next time, tell Jack to keep the beanstalk in his pants.