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Establishing Court Order Child Custody for My Son

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profound

Member
that establishes paternity which allows him to file in court for custody
Thank you for all your feedback and also helpful links. I will take note of everything you are saying even if I disagree or not. I am not an expert or have experience in this and that is why I am here to seek help. Again, thank you and thanks to everyone else
 


Zigner

Senior Member, Non-Attorney
It could be for use in court but according to the law linked withing the link it seems to on its own establish paternity without the need for further court action.
That is correct...and once paternity is established, the legal father has the right to petition the court for custody, visitation, and support matters.
 

profound

Member
"Right after your baby is born, you can encourage the father to start the paternity process by signing the Affidavit of Parentage while you are still in the hospital. This action will allow the father’s name to be placed on the birth certificate. You can also take the form home with you, complete it and send it back to the Division of Vital Records " My name is on my son's birth certificate. Does that mean I signed the Affidavit of Parentage?

Also, to answer someone's question on page one of this thread regarding school and how I was able to register him. I was able to do so by presenting his birth certificate. The school also told me she was also able to complete the transfer by showing them his birth certificate. The school administrator told me because she showed them his birth certificate they had to complete the transfer. Without it they wouldn't had done so. She had to make a second visit to show them. They told me I can do the same at the new school if I choose to transfer him out of that school.
 

stealth2

Under the Radar Member
So what are you doing to get court orders? What plans are you making to handle care while you work/he's not at school?
 

Ohiogal

Queen Bee
It could be for use in court but according to the law linked withing the link it seems to on its own establish paternity without the need for further court action.

(d) (1) An executed affidavit of parentage constitutes a legal finding of paternity, subject to the right of any signatory to rescind the affidavit:

(i) in writing within 60 days after execution of the affidavit; or

(ii) in a judicial proceeding relating to the child:

1. in which the signatory is a party; and

2. that occurs before the expiration of the 60–day period.
A legal finding of paternity but NOT a legal finding of rights to custody -- he can file IN COURT for custody. See post 17 from a Maryland attorney's website.
 

LdiJ

Senior Member
"Right after your baby is born, you can encourage the father to start the paternity process by signing the Affidavit of Parentage while you are still in the hospital. This action will allow the father’s name to be placed on the birth certificate. You can also take the form home with you, complete it and send it back to the Division of Vital Records " My name is on my son's birth certificate. Does that mean I signed the Affidavit of Parentage?
Yes, if you are on the birth certificate you signed the affidavit of paternity.

Also, to answer someone's question on page one of this thread regarding school and how I was able to register him. I was able to do so by presenting his birth certificate. The school also told me she was also able to complete the transfer by showing them his birth certificate. The school administrator told me because she showed them his birth certificate they had to complete the transfer. Without it they wouldn't had done so. She had to make a second visit to show them. They told me I can do the same at the new school if I choose to transfer him out of that school.
Actually, that question was more, how did you manage to register him in your mom's school district when you did not live there. However, please don't play ping pong with your son's education. All that will do is make things difficult for him. Get yourself to court and get court ordered custody and parenting time and let the court decide which school district he will attend.
 

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