Father's rights

[ddivanana]

What is the name of your state (only U.S. law)? Maryland My son's girlfriend gave birth to a set of twins 2months early on Monday of this week (a boy and girl). Their relationship during the pregnancy has been very rocky. My son was not present during the birth because the mother was Medevac'd to a hospital while having a sonogram. My son went to visit the mother and children on Tuesday. The mother did not make it known to anyone at the hospital that he was the father. She named the children without any input from him prior to him arriving at the hospital. She gave them her last name. During his visit at the hospital, the affidavit of parentage was not mentioned. He is not contesting parentage at all. The children will have to remain at the hospital for at least 2 months because they are premature. My son and the mother also have a 5 year old son together who does have my son's last name and he is paying child support for him.

Questions: What, if any, rights does my son have? Should he be allowed to visit the children at the hospital without their mother? Does he have any right as far as naming the children, either first or last name? What rights will the affidavit of parentage give him?What is the name of your state (only U.S. law)?

[Ohiogal]

What is the name of your state (only U.S. law)? Maryland My son's girlfriend gave birth to a set of twins 2months early on Monday of this week (a boy and girl). Their relationship during the pregnancy has been very rocky. My son was not present during the birth because the mother was Medevac'd to a hospital while having a sonogram. My son went to visit the mother and children on Tuesday. The mother did not make it known to anyone at the hospital that he was the father. She named the children without any input from him prior to him arriving at the hospital. She gave them her last name. During his visit at the hospital, the affidavit of parentage was not mentioned.

Okay. She was allowed to do that. She can name HER children anything she wants.

He is not contesting parentage at all.

He should file for paternity, custody and visitation immediately -- he should also request a paternity test.

The children will have to remain at the hospital for at least 2 months because they are premature. My son and the mother also have a 5 year old son together who does have my son's last name and he is paying child support for him.

And? So? Apparently your son did not find it appropriate to marry the mother of his children. He just finds it nice to procreate with her.

Questions: What, if any, rights does my son have?

He has the right to petition for paternity, custody and visitation in court.

Should he be allowed to visit the children at the hospital without their mother?

If she -- mom -- gives permission.

Does he have any right as far as naming the children, either first or last name?

Nope.

What rights will the affidavit of parentage give him?What is the name of your state (only U.S. law)?

Without a court order all the AOP could do is put him on the birth certificate. And even then it could take a court order if the birth certificate has already been determined. He cannot sign an AOP without mom's permission. The mother is the ONLY legal parent these children have. She is also the only parent with custody of these children and the only one who can make decisions.

[CourtClerk]

Originally Posted by ddivanana

Questions: What, if any, rights does my son have?

At this point, none.

Should he be allowed to visit the children at the hospital without their mother?

No. Not without her permission.

Does he have any right as far as naming the children, either first or last name?

Nope.

What rights will the affidavit of parentage give him?

It will give him the right to have his name added to the childrens' birth certificate, however, he should not sign anything without a DNA test being performed.

He does also have the right to go to court and establish parentage of the children. Until he does that he has no rights at all, as these children have no legal father.

[Ohiogal]

Originally Posted by CourtClerk

At this point, none.

No. Not without her permission.

Nope.

It will give him the right to have his name added to the childrens' birth certificate, however, he should not sign anything without a DNA test being performed.

He does also have the right to go to court and establish parentage of the children. Until he does that he has no rights at all, as these children have no legal father.

COOL. I was quicker!

[ddivanana]

No, he can't marry her because she was married previously at the age of 18 and has not gotten divorced. He has asked her to take care it and even offered to pay for divorce.They are both 26 now and very immature. She is currently and has been involved in a lesbian affair -- totally different story. Her lover informed my son that she had frozen his sperm previously. He is currently paying child support for the 5 year old and is very active in his upbringing.

[Ohiogal]

No, he can't marry her because she was married previously at the age of 18 and has not gotten divorced.

So that brings up another problem. The children are legally HER HUSBAND'S! Your son needs to go to court. Legally he is not the father. HER HUSBAND IS DADDY!

He has asked her to take care it and even offered to pay for divorce.They are both 26 now and very immature.

He doesn't have children.

She is currently and has been involved in a lesbian affair -- totally different story.

It doesn't seem to have stopped your son from procreating with her. Maybe he likes the fantasy aspect of being with a bisexual.

Her lover informed my son that she had frozen his sperm previously.

She stuck it in the freezer next to the cube steak?

He is currently paying child support for the 5 year old and is very active in his upbringing.

And that matters not with the new babies. Does he have court ordered custody/visitation in place for the five year old?

[CourtClerk]

Originally Posted by Ohiogal

COOL. I was quicker!

Yeah, well, some of us have WORK to do...

[CourtClerk]

Originally Posted by ddivanana

No, he can't marry her because she was married previously at the age of 18 and has not gotten divorced.

Oh good grief. He's bedding a married woman. Wonderful. Guess what? Her children are the children of her and her HUSBAND (even if)

He has asked her to take care it and even offered to pay for divorce.

But he wasn't willing to terminate the relationship or at the very least keep it in his pants until she did.

They are both 26 now and very immature.

An immature 26 year old running around making babies.... that's scary.

She is currently and has been involved in a lesbian affair -- totally different story.

None of your business and definitely nothing you should post on the internet. It's completely irrelevant.

Her lover informed my son that she had frozen his sperm previously.

Frozen where? How long can sperm live outside of the body? What'd she use, a turkey baster?

He is currently paying child support for the 5 year old and is very active in his upbringing.

He's supposed to be. You don't get brownie points for things you're SUPPOSED to do.