Is he considered the legal father?

[DylansMommy]

What is the name of your state? Delaware

Hi everybody last time I was here I was about 7 months pregnant. I had my baby boy on March 18th. During my pregnancy I was not with the father of the baby however he and i decided to try again on the day I delivered. The baby has his last name and we have bnoth received a letter in which we are asked to state whether we will take a DNA test, this letter came from Social Services we both signed that we would and mailed them back however we have not heard from back. My question is: is my boyfriend considered the legal father if he is not on the birth certificate, has not signed an AOP, and has not taken a DNA test.

Also do his parents (the paternal grandparents) have a right to see my son?

Thank you,
Sonia

 

[LdiJ]

What is the name of your state? Delaware

Hi everybody last time I was here I was about 7 months pregnant. I had my baby boy on March 18th. During my pregnancy I was not with the father of the baby however he and i decided to try again on the day I delivered. The baby has his last name and we have bnoth received a letter in which we are asked to state whether we will take a DNA test, this letter came from Social Services we both signed that we would and mailed them back however we have not heard from back. My question is: is my boyfriend considered the legal father if he is not on the birth certificate, has not signed an AOP, and has not taken a DNA test.

Also do his parents (the paternal grandparents) have a right to see my son?

Thank you,
Sonia

If no AOP was signed then no, your boyfriend is not the legal father until paternity is established via DNA.

No, his parents have no inherent rights where the child is concerned.

If you tell us what is going on to cause you to ask these questions, you would probably get better/more thorough answers.

 

[rmet4nzkx]

Since you didn't sign an AOP at the hospital and requested a DNA test, one of you will have to initiate the process, either file an AOP at the office of vital statistics or file a paternity action in court. BY any chance have you aleady been receiving any welfare or state medical benefits, if so then it may be the state issuing you the letter as the state will initiate paternity proceedings re their financial claims. This may affect the length of time dad owes child support.
https://forum.freeadvice.com/showthread.php?t=298699
So you are still 17 and still have your senior year of HS before you graduate. WHat are your parents doing about all of this?

 

[DylansMommy]

Thank you

The only reason I ask is because I do not like my boyfriend taking my son to his parents house without me and his father found out and he said that my boyfriend has every right to take his son wherever he wants because he has legal rights and he also said that he (the paternal grandfather) has a right to see his grandson regardless of how I feel because it is his legal right. I have been receiving medicaid. My parents have been great they adore my son and have been there for me through thick and thin and they even take care of him so that i can go out sometime and have fun with my friends. they are amazing. As for school I passed with a 3.1 GPA this year and I hope things go as well next year.

Thank you for your timeand answers

 

[acmb05]

Since you didn't sign an AOP at the hospital and requested a DNA test, one of you will have to initiate the process, either file an AOP at the office of vital statistics or file a paternity action in court. BY any chance have you aleady been receiving any welfare or state medical benefits, if so then it may be the state issuing you the letter as the state will initiate paternity proceedings re their financial claims. This may affect the length of time dad owes child support.
https://forum.freeadvice.com/showthread.php?t=298699
So you are still 17 and still have your senior year of HS before you graduate. WHat are your parents doing about all of this?

Actually in Deleware the Office of Vital Statistics do not have these forms. She could have done this at the hospital when the baby was born but since she did not they will have to go thru the child support enforcement officeto do it.

BTW she stated in the original thread that the state was the ones who sent her the letter for the DNA test

 

[rmet4nzkx]

The only reason I ask is because I do not like my boyfriend taking my son to his parents house without me and his father found out and he said that my boyfriend has every right to take his son wherever he wants because he has legal rights and he also said that he (the paternal grandfather) has a right to see his grandson regardless of how I feel because it is his legal right. I have been receiving medicaid. My parents have been great they adore my son and have been there for me through thick and thin and they even take care of him so that i can go out sometime and have fun with my friends. they are amazing. As for school I passed with a 3.1 GPA this year and I hope things go as well next year.

Thank you for your timeand answers

Since you have been on state medical aid, the state will have a hand in establishing paternity for your child so that they can recoup child support, thus both of you will have to comply with the state's request for DNA testing, which will establish paternity and the putative father's right to file for some sort of custody, and visitaiton in addition to his child support obligation. Not likeing his parents is not a valid reason to not establish paternity and since you applied for state medical aid, you must cooporate now with the paternity process. If you file for other court orders you may have some input into their contents, but that will in no way prevent bio dad from having standing to puesue his parental rights after paternity is established.

 

[acmb05]

What is the name of your state? Delaware

Hi everybody last time I was here I was about 7 months pregnant. I had my baby boy on March 18th. During my pregnancy I was not with the father of the baby however he and i decided to try again on the day I delivered. The baby has his last name and we have bnoth received a letter in which we are asked to state whether we will take a DNA test, this letter came from Social Services we both signed that we would and mailed them back however we have not heard from back. My question is: 1. is my boyfriend considered the legal father if he is not on the birth certificate, has not signed an AOP, and has not taken a DNA test.

Also do his parents (the paternal grandparents) have a right to see my son?

Thank you,
Sonia

Why did you all not put him on the birth certificate? Not that it matters but if you decided to get back together and you are sure he is the father why not do it.

Lets make this easy. If your boyfriend is willing to accept that the child is his without a DNA test then just call your case worker and let her know he is williing to sign an AOP and they will take care of it for you. Then just go in and sign. The longer you wait the more he is going to owe when they do establish paternity.

You are absolutely sure he is the father right?

 

[LdiJ]

It does appear to vary from state to state regarding whether or not they go after dad.

Some states apparently only go after the father for reimbursement if the mother is receiving cash benefits. They don't if its medicaid or food stamps. Others apparently go after the father for reimbursement if any kind of aid is received.

So...that's something that should probably be researched for DE, before making a definitive statement.

 

[rmet4nzkx]

It does appear to vary from state to state regarding whether or not they go after dad.

Some states apparently only go after the father for reimbursement if the mother is receiving cash benefits. They don't if its medicaid or food stamps. Others apparently go after the father for reimbursement if any kind of aid is received.

So...that's something that should probably be researched for DE, before making a definitive statement.

DOn't you think I researched it?
The state has already sent her an letter re the DNA testt

we have both received a letter in which we are asked to state whether we will take a DNA test, this letter came from Social Services we both signed that we would and mailed them back however we have not heard from back.

Go ahead and research Deleware, it will be nice to have you actually research something.

 

[acmb05]

DOn't you think I researched it?
The state has already sent her an letter re the DNA testt Go ahead and research Deleware, it will be nice to have you actually research something.

No I don't think you did, nor do I think you actually read her whole post because if you did you would not have said this because she said in her original post that it was from Social Services.

BY any chance have you aleady been receiving any welfare or state medical benefits, if so then it may be the state issuing you the letter as the state will initiate paternity proceedings re their financial claims

Also as I stated the Office of Vital Statistics will NOT issue an AOP and have them sign in they must go thru child support enforcement now in order to sign one. And yes before you ask I did research that.

 

[rmet4nzkx]

No I don't think you did, nor do I think you actually read her whole post because if you did you would not have said this because she said in her original post that it was from Social Services.

What has that got to do with it? I know she got the letter you are mincing words and I wasn't even responding to you!

Also as I stated the Office of Vital Statistics will NOT issue an AOP and have them sign in they must go thru child support enforcement now in order to sign one. And yes before you ask I did research that.

Who in the world do you think is the final custodian of records? Ddid you read my entire statement? You left out the part after the "OR"

either file an AOP at the office of vital statistics or file a paternity action in court

? The AOP may go through Social services but it is not going to be the hospital at this late date unless it was already signed at the hospital and just now progressing through the system.

No they are going to have to go through court to establish the orders because there are other issues, custody and visitation. OP has signed some papers and may have signed an AOP but not realize whst they signed already. That may be why they received the letter re the DNA test. People come here looking for answers when they don't know the facts, they are confused, don't make them more confused.

 

[BelizeBreeze]

Social Services does not have jurisdiction in Delaware to bring such a paternity action.

Only the following do:

§ 8-602. Standing to maintain proceeding.

Subject to subchapter III of this chapter and §§ 8-607 and 8-609 of this title, a proceeding to adjudicate parentage may be maintained by:

(1) The child;

(2) The mother of the child;

(3) A man whose paternity of the child is to be adjudicated;

(4) The support-enforcement agency;

(5) An authorized adoption agency or licensed child-placing agency; or

(6) A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor. (74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 136, § 1.)

 

[acmb05]

What has that got to do with it? I know she got the letter you are mincing words and I wasn't even responding to you!



Who in the world do you think is the final custodian of records? Ddid you read my entire statement? You left out the part after the "OR" ? The AOP may go through Social services but it is not going to be the hospital at this late date unless it was already signed at the hospital and just now progressing through the system.

No they are going to have to go through court to establish the orders because there are other issues, custody and visitation. OP has signed some papers and may have signed an AOP but not realize whst they signed already. That may be why they received the letter re the DNA test. People come here looking for answers when they don't know the facts, they are confused, don't make them more confused.

Oh please you are the one confused. THEY DO NOT HAVE TO GO THRU THE COURT TO ESTABLISH PATERNITY. Read the damn law before you post like you tell every one else to do. ALL THEY HAVE TO DO IS GO TO CHILD SUPPORT ENFORCEMENT AND SIGN AN AOP THERE then take that to social services.

I never said for them to go to the hospital. I said they should have signed one at the hospital.

The OP's post had nothing to do visitation for the father at all, as a matter of fact she stated they are back together. The OP asked if he was the legal father and how they would go about making him the legal father.

Where did you get the idea that OP has already signed some papers and may have already signed an AOP? The OP never said any of that.

I did read the entire statement and both of the suggestions you gave her were wrong.

1. She does not have to go to court to establish paternity.

2. Office of Vital Statistics will not file an AOP for them they MUST go thru child support enforcement to do that. I know they keep the stupid records but they will not file it unless it comes from child support enforcement.

I also know you were not responding to me but as you so often point out when bad advice is given it should be corrected. I did not mince words I quoted YOUR WORDS

 

[acmb05]

DYLANSMOM:

Go to child support enforcement with your boyfriend on Monday morning and tell them he wants to sign an AOP to establish paternity. Take that to social services and they will be happy because then they can legally go after him for what he owes them

IF he wont sign in then you will have to get a DNA test done and establish paternity thru the courts.

At this time the courts do not need to be involved.

And tell boyfriends dad to eat your grits cause he has no legal rights to the child either

 

[stealth2]

However, once Dad is established as the legal father and gets visitation, he will have every right in the world to take his child to see his family - including grandpa.