Grandparent Rights - Grandchild in MA, grandparents in RI

[Proserpina]

Unwed fathers in many states (WA is one - google it) CANNOT be listed as the father on the birth certificate UNLESS they have either signed the AOP or have been otherwise determined to be the father.

But am I right in thinking you're going with the "signing it makes you the parent" angle? In which case you'd be absolutely correct.

 

[Zigner]

I'll make you a bet TBL.

Which is that you cannot cite any recognized legal authority from any state that agrees with your conclusion.

FYI the BC as it is described by the OP - bearing the purpported father's name only - would be hearsay for any purpose in determining the issue of filiation.

Careful Lat - that's EXACTLY what it would mean for births in CA for (at least) the last 20+ years.


Yes, I understand CA is not MA - but you asked for "any state"
http://www.scscourt.org/self_help/family/faqs/paternityBC.shtml

 

[TinkerBelleLuvr]

If you sign an AOP in the hospital and they render dad the legal parent on their BC, the courts are going to recognize that there is a legal parent. She isn't going in at this point and the dude saying please give me a paternity test cuz I'm not sure if I'm dad.

 

[LdiJ]

Ahhh...that is probably a good topic for a different thread on child support. I have just been given the name of a lawyer who will work with me regarding that. I want to move South for a job opportunity, but was afraid that if I filed in MA, he wouldn't let me take her there and I would stuck here because of him. I can see him fighting me just to spite me, even though he doesn't care about her. He has verbally agreed to let me move, but now that he is in jail and I am looking at legally making him responsible, he will be a jerk about it all. But you are all right, I am her advocate and will continue to do what is best for her, and that includes getting support out of her father.

Get a consult with an attorney...you don't need to hire one at this point, just consult with one. If dad is in jail and has no established visitation or custody rights then you should be able to move without a problem. However, verify that with a consult with a local attorney. The grandparents cannot stop you from moving even if a biological grandparent actually files for visitation rights.

 

[latigo]

Careful Lat - that's EXACTLY what it would mean for births in CA for (at least) the last 20+ years.


Yes, I understand CA is not MA - but you asked for "any state"
http://www.scscourt.org/self_help/family/faqs/paternityBC.shtml

Well if we are going to rely on “blogging” to make a point, allow me to offer this: (Edited for clarity and emphasis)

Presumed Parents
The law will presume a person is a child’s other parent under the following circumstances (unless proved otherwise to a court). For example, John will be presumed to be the child’s other parent if:
* * * * *
He was not married to the child’s mother when the child was conceived or born; (but nevertheless) AGREED to have his name on the birth certificate. . .

Ways to Establish Parentage

There are 2 main ways to establish parentage when the child’s parents are not married:
 Signing a voluntary Declaration of Paternity,
OR
 Getting a court order (either on your own or with the help of the Local Child Support Agency) *.

Noticeably absent here is any indication by the mother that the reputed father AGREED to lend his name to the birth certificate.

And I must remain guardedly skeptical of any court having drawn a presumption of paternity from the mere presence of a name on the certificate without evidence of consent.


[*] Blog Source: CALIFORNIA COURTS the Judicial Branch of California
Parentage/Paternity - paternity_famlaw_selfhelp
www.courtinfo.ca.gov › Self-Help › Families & Children.
Self-Help > Families & Children > Parentage/Paternity Self-Help. Getting Started; Small Claims; ... CALIFORNIA SELF-HELP AND FAMILY LAW FACILITATOR

 

[single317dad]

Mass. Title 7 Chapter 46 Section 1:

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter46/Section1

In the record of births, date of birth, place of birth, name and sex of child; names, places of birth, and dates of birth of both parents; and residence and birth surname of the child’s mother. In the record of birth of a child born to parents not married to each other, the name of and other facts relating to the father shall not be recorded except as provided in section 2 of chapter 209C where paternity has been acknowledged or adjudicated under the laws of the commonwealth or under the law of any other jurisdiction.

Said Section 2 of Chapter 209C:

http://www.malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209c/Section2

Paternity may be established by filing with the court, the clerk of the city or town where the child was born or the registrar of vital records and statistics an acknowledgment of parentage executed by both parents pursuant to section 11 or pursuant to an action to establish paternity filed pursuant to this chapter; provided, however, that if a judgment or finding of paternity has been issued by a court or administrative agency of competent jurisdiction under the law of another state or foreign country or if both parents executed a voluntary acknowledgment of parentage in accordance with the law of another state or foreign country, such judgment, finding or voluntary acknowledgment shall be accorded full faith and credit and paternity shall not be relitigated. Upon receipt of an acknowledgment of paternity, the clerk of such city or town shall forward the original acknowledgment to said registrar as provided in chapter 46. Upon receipt of an acknowledgment of parentage or upon an adjudication of paternity under this chapter, the court shall transmit to the registrar of vital records and statistics a certified copy of the acknowledgment or order establishing paternity, together with such statistical information as said registrar may require, upon such form and in such format as designated by said registrar, which shall include the name, residence, date of birth, place of birth and social security number of each of the parties and the child, the sex of the child, and such additional information as the commissioner of public health deems useful for statistical and research purposes. Actions to establish support obligations or for custody or visitation rights may also be filed pursuant to this chapter.