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Question about paternity laws

if a man signs the birth certificate acknowledging paternity, does he have visitation rights to the child? the parents were NOT married when the child was born. they did get married but are about to get divorced and the mom is concerned about the father getting visitation rights in his home. she suspects that the child may not even be his. can she refuse to allow the child to go over there until a dna test is done, or is the signature on the birth certificate basically solid evidence in the eyes of the court? in my state i know if you're married when the child is born the husband gets rights no matter the paternity. but we weren't so im not sure.

 
Anonymous

Asked by Anonymous at 9:05 PM on Aug. 19, 2013 in Relationships

This question is closed.
Answers (34)
  • I can speak to Minnesota.

    If he's on the birth certificate he's the assumed father but if the couple was not married at the time of birth the father signs a recognition of parentage form. This does not immediately translate to visitation (or child support) which must be handled as a separate legal proceeding.

    If whomever you are speaking about has spent a significant amount of time in a marriage with the presumption being he is the father of the child then an attorney is vital if they are going to now recant. I hope your friend (or you) seriously considers the significant implications of this path. Unless there is a justified fear of abuse then I think the process would be emotionally brutal for everyone involved.
    Mrs_Prissy

    Answer by Mrs_Prissy at 9:32 PM on Aug. 19, 2013

  • In addition, I know in my state (PA) abuse allegations just toward the mother does not matter. It is only abuse toward the child/children that matter. If the woman was abused, but the children were not harmed, they typically still allow visitation.
    ChasingBridges

    Answer by ChasingBridges at 10:31 PM on Aug. 19, 2013

  • she suspects that the child may not even be his


     


    What a douche she is. The answer is going to vary by state. She needs to ask her lawyer. 

    JeremysMom

    Answer by JeremysMom at 9:12 PM on Aug. 19, 2013

  • I would suggest she speak to a lawyer, I would think that until eh is proven not, he will get visits.
    GrandmaO2008

    Answer by GrandmaO2008 at 9:12 PM on Aug. 19, 2013

  • After reading your subsequent posts, usually for claims of abuse to be considered there has to be some kind of proof to substantiate the claim.
    QuinnMae

    Answer by QuinnMae at 10:03 PM on Aug. 19, 2013

  • Why does it make it easier? Because abuse is a REASON not to have a man listed as the father to have visitation. The other way just makes it seem like the person involved is looking for a reason to have the man out of her and the child's life.

    Abuse allegations aside, typically the person on the BC is acknowledged as the father and will be given the rights as such unless proven otherwise first. So abuse does change things.
    ChasingBridges

    Answer by ChasingBridges at 10:28 PM on Aug. 19, 2013

  • And note, I said "typically". Your 'friend' really needs to talk to a lawyer before she gets into trouble.
    ChasingBridges

    Answer by ChasingBridges at 10:29 PM on Aug. 19, 2013

  • I'm sorry, but I have to ask. If you have medical/legal proof of abuse why has he not been arrested and charged? That would certainly bolster your case
    Mrs_Prissy

    Answer by Mrs_Prissy at 10:30 PM on Aug. 19, 2013

  • Depends on the State and this situation is complicate since she did marry him. I think she prob could get away wit not allowing him to see the child til the courts make her BUT she needs to speak wit a lawyer
    rachel216

    Answer by rachel216 at 9:19 PM on Aug. 19, 2013

  • So basically you told this guy he was the father and now that you don't want him anymore you are trying to take the child he has been raising away from him. I just want to make sure I am getting this before I really comment.
    kmath

    Answer by kmath at 9:19 PM on Aug. 19, 2013

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