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Paternity??

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cjub13

Member
What is the name of your state? Maryland (unmarried couple)

I have found several forms on the internet (example: http://www.state.tn.us/youth/adoption/NOTICEO4.pdf#search='intent%20to%20file%20for%20paternity')

And I'd like to know what benefit these are. I found one for nebraska that said "Intent to File for Paternity". If these are filed, do the fathers have any rights, or are they just informing the mother that they do intend to file for paternity? I was told over the phone by a lawyer that it gives the fathers the same rights as the mother.

Don't you still have to fill out the Affidavit of Parentage and both parents sign it?
 


VeronicaGia

Senior Member
"Intending" to file for paternity and establishing paternity are two separate things. Once paternity is established by dad signing the birth certificate, signing an acknowledgement of paternity or taking a court ordered DNA test, dad can then file for custody,visitation, support, etc.
 

cjub13

Member
When I was pregnant, the father signed a paper in the JAG office that said he acknowledged he was the father of the child I was carrying. That acknowledgement was used when I filed for child support. I never had any other paperwork done. He never signed the birth certificate, and his name is on it.... granted that was 20 yrs ago!

The paper says at the top, Acknowledgment of Paternity. I 'father's name', acknowledge that 'mother's name' is at this date approximately 3 months pregnant. I hereby acknowledge I am the natural father of the child to be born. Dated: 11 October 1984 at 3:30 PM.

It is notorized. I did not sign it.

The paper above as described would no longer be considered an acknowledgment of paternity, giving the father any rights??

I am asking for two reasons. First if the mother decides she does not want to have the father involved, and the father wants to see his child and pay support, and secondly for instances such as the new "safe harbor" laws.
 

cjub13

Member
Yes, Can you file an acknowledgment of paternity like the one described above, and it give the father legal rights.

I said I was asking the question for two reasons. First if the mother decides she does not want to have the father involved, and the father wants to see his child and pay support, and secondly for instances such as the new "safe harbor" laws.
 

LdiJ

Senior Member
cjub13 said:
Yes, Can you file an acknowledgment of paternity like the one described above, and it give the father legal rights.

I said I was asking the question for two reasons. First if the mother decides she does not want to have the father involved, and the father wants to see his child and pay support, and secondly for instances such as the new "safe harbor" laws.
I think that you have caused some confusion by mentioning your own 20 year old case. That isn't what you are asking questions about is it?

Basically, in order for the father to be the father LEGALLY...one of two things has to happen. Either an affidavit of paternity has to be signed, or he has to be proven to be the father via a court ordered DNA test.

Filing an "intent to establish paternity" does neither of those things...it just would get the ball rolling in court.
 

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