Establishing Paternal Rights

[Delta_37202]

My son who is twenty-one now, fathered a child out of wedlock. She is 17 months old now. Although he and the child's mother were together at the time of her birth, they are not now. The girl's mother stopped her from putting my son's name on the birth certificate and paternity has not been established. They have remained on good terms and both shared in raising their daughter. It seemed to be working. Although she left some months ago, the child lived with my son. Then about six weeks ago, the mother suddenly decided to take her. Now he gets to see her when it's convenient for the mother and she is talking of moving out of the state. We already know that under Tennessee law the mother automatically has legal custody of a child born outside wedlock. He needs to know how to go about establishing his rights as a father. The child loves them both and he has no intention of separating her from her mother but he wants to be able to see her too. There is no question the child is his. My son has supported his daughter unconditionally, providing for all her needs as well as giving her mother a check on a weekly basis. He is also providing insurance coverage for her and takes her to all her doctor visits. He works full time and is going to school pursuing a career as an athletic director. The rest of his time...all his weekends and evenings are devoted to his daughter. What are his legal rights and where does he begin?

 

[LadyBlu]

My son who is twenty-one now, fathered a child out of wedlock. She is 17 months old now. Although he and the child's mother were together at the time of her birth, they are not now. The girl's mother stopped her from putting my son's name on the birth certificate and paternity has not been established. They have remained on good terms and both shared in raising their daughter. It seemed to be working. Although she left some months ago, the child lived with my son. Then about six weeks ago, the mother suddenly decided to take her. Now he gets to see her when it's convenient for the mother and she is talking of moving out of the state. We already know that under Tennessee law the mother automatically has legal custody of a child born outside wedlock. He needs to know how to go about establishing his rights as a father. The child loves them both and he has no intention of separating her from her mother but he wants to be able to see her too. There is no question the child is his. My son has supported his daughter unconditionally, providing for all her needs as well as giving her mother a check on a weekly basis. He is also providing insurance coverage for her and takes her to all her doctor visits. He works full time and is going to school pursuing a career as an athletic director. The rest of his time...all his weekends and evenings are devoted to his daughter. What are his legal rights and where does he begin?

Hire an attorney to establish his visitation, custody and support. If the mother denies he is the father the courts will then order DNA testing.

 

[ndea25]

The first thing he has to do is take her to court and get a paternity test. I don't think he'll get anywhere until that is done. Also, he should be documenting all support he is giving to her (receipts, canceled checks).