Ask Experts Questions for FREE Help !
Ask
    mark l's Avatar
    mark l Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 2, 2008, 12:02 PM
    Parental rigts
    How can I obtain abirth certificate for my child if I'm not on it and her mom will not help me?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Oct 2, 2008, 12:08 PM

    You need to go to family court to establish your rights. The court will order a paternity test and if it confims you are the father you can have your name added to the because
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Oct 2, 2008, 12:23 PM

    Do you want some sort of rights or just a copy of a birth certificate
    traceyrco's Avatar
    traceyrco Posts: 62, Reputation: -5
    -
     
    #4

    Oct 3, 2008, 08:37 PM

    If you need legal help in this matter and are willing to foot the bill for the kiddo as far as child support, you can go to your State Attorney General and they will assist with you getting visitation and all that comes with being a parent.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #5

    Oct 4, 2008, 07:06 AM
    Quote Originally Posted by traceyrco View Post
    If you need legal help in this matter and are willing to foot the bill for the kiddo as far as child support, you can go to your State Attorney General and they will assist with you getting visitation and all that comes with being a parent.

    That is absolutely not true in all States - please mention the State in your replies.

    In NY you must go to Family Court and do as others have suggested - have paternity testing to establish that you are, in fact, the father and then go from there. You are entitled to pay child support and have visitation if you are the father.

    Just as a side issue - why do you want the birth certificate?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
     
    #6

    Oct 4, 2008, 02:08 PM
    Quote Originally Posted by traceyrco View Post
    Interesting - every state I've heard of the Attorney General is in charge of collecting child support and therefore will also help dad's to get rights. I'll have to look that up.
    As an example, in Michigan it is The Friend of the Court that handles everything regarding support and parenthood. So, as you see, it is not the Attorney General in every state.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #7

    Oct 4, 2008, 03:11 PM
    Quote Originally Posted by traceyrco View Post
    Interesting - every state I've heard of the Attorney General is in charge of collecting child support and therefore will also help dad's to get rights. I'll have to look that up.

    In NY it's Family Court, which is a County Court. One of our members - and I'm going to ask her to drop in - is going through the Family Court process right now for support and scheduled visitation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Oct 4, 2008, 03:32 PM

    I would be surprised if the AG got involved with this in very many states at all. The AG's office, in most states, is charged with prosecuting crimes against the state itself. Criminal cases are generally the province of local prosecutors or district attorneys. Child support is only quasi criminal (only when the support is being dodged). So is most often under the oversight of a family services agency.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
     
    #9

    Oct 6, 2008, 03:57 AM
    Quote Originally Posted by traceyrco View Post
    For Michigan it is actually the Department of Human Services that governs the child support enforcement and here's their info and they will help you set up visitation and it doesn't mention a cost. DHS - Establishing Paternity
    Then please explain to me why it was the Friend of the Court who had a close family member arrested for not paying child support.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Oct 6, 2008, 06:19 AM
    Quote Originally Posted by traceyrco View Post
    After doing a little search right now I came up with this and both parties who repremanded me were wrong in regards to their state and who enforces child support there:
    I'm really bemused by this. Your original statement, that you were corrected on, was that a person should go to the Attorney General's office for child support assistance. The people who "repremanded" you said that, in most cases it was a Family Services agency.

    In the NY link you provided The very top says:
    To apply for child support services, contact your county child support office for an Application for Child Support Services (PDF).

    These county support offices are mostly part of local Family courts.

    In the Michigan link, its not as blatant. But a little searching on that site finds this information:

    If you already have a court order for support and wish to apply for child support services, contact your local Friend of the Court (FOC). For FOC numbers go to http://www.michigan.gov/documents/FI...rs_94093_7.pdf.

    So I thank you for confirming that what Judy, J_9 and I said was factual and what you said was incorrect.

    Quote Originally Posted by traceyrco View Post
    In Texas the state AG is the agency that does all of this for you. My friend who was trying to escape her violent stalker / exhusband left AZ and she thought her stalker behind. The Arizona AG noticed he wasn't paying child support - tracked her down in TX and made the stalker start paying up the child support and also made her give him visitation all by themselves - he didn't ask them and neither did she - they just saw he wasn't paying the support. This guy was a television personality and the first conviction of the Federal Stalking statutes - very bad scene for sure.
    In this situation you are comparing apples and oranges. This situation resulted from a criminal stalking case. You had a conscientious prosecutor in the AG's office who helped your friend. There was, apparently, an existing support order that was probably issued from a family court and the AG helped get it enforced.

    What really amazes me here is your own research so clearly shows that you were wrong and we were right, yet you still chastise us for allegedly being wrong.

    By the way, doing the Google search as you suggested for Arizona comes up with this nugget:

    Child support customer service is available from two separate agencies. If you have a case with the Division of Child Support Enforcement, your customer service is provided by the DCSE Customer Service Region through our Interactive Voice Response System or through our DCSE web site.

    If you do not have a case with the Division of Child Support Enforcement, your customer service is provided by the local Clerk of Court. Your ATLAS case number will not gain you access to the DCSE IVR or web site.

    Again neither of which is the AG's office.

    Not only do you need to check your facts before posting, but you need to understand your facts AFTER you do your research. You were wrong and your own research shows you were wrong.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #11

    Oct 6, 2008, 07:30 AM
    Quote Originally Posted by traceyrco View Post
    After doing a little search right now I came up with this and both parties who repremanded me were wrong in regards to their state and who enforces child support there:

    For New York you go here https://newyorkchildsupport.com/how_to_apply.html and they charge a legal fee if you're not on government assistance. Also to establish paternity https://newyorkchildsupport.com/pate...blishment.html.

    For Michigan it is actually the Department of Human Services that governs the child support enforcement and here's their info and they will help you set up visitation and it doesn't mention a cost. DHS - Establishing Paternity

    Here's the real nugget: do a search on "The state in question child support enforcement" and you'll find where you need to go to establish child support and who can help you get your rights for visitation and the joys of parenting for free or at a lesser cost than a private attorney!


    J_9 - looks like you could use the comment you gave me on yourself. "J_9 disagrees: You need to get your facts straight before posting in certain forums here." and "As an example, in Michigan it is The Friend of the Court that handles everything regarding support and parenthood..."

    Moral of the story is - please before repremanding me, know yourself if you are completely accurate in doing so. I don't know anyone that doesn't make a mistake now and then.

    In Texas the state AG is the agency that does all of this for you. My friend who was trying to escape her violent stalker / exhusband left AZ and she thought her stalker behind. The Arizona AG noticed he wasn't paying child support - tracked her down in TX and made the stalker start paying up the child support and also made her give him visitation all by themselves - he didn't ask them and neither did she - they just saw he wasn't paying the support. This guy was a television personality and the first conviction of the Federal Stalking statutes - very bad scene for sure.

    You are totally misreading NYS law. You consistently post experiences of your friends which are totally contrary to law and, quite frankly, hard to believe, in answer to almost every post. In the past you cited a case which had absolutely nothing to do with the subject, in defense of your position. I even question another of your friends and her TV personality, first conviction story - the textbook case (and I thought the first conviction) was a Washington, DC case which was appealed and often cited. Perhaps not -

    Other people preface their answers with, "My research has shown ...." "it appears to me ...", in my State - you answer as if we all live in Texas and that's the only law that applies - and I, as an expert on the board, have asked you to be more specific when you answer.

    When criticized you posted some sort of passive/aggressive, "I didn't know the board was only for trained Attorneys, I won't be posting here again" and stormed off forever. Now you're back.

    I care little about personalities - I do care that correct information is posted and if questioned, that it is backed up with fact. People who don't understand the system, who are in this side of a panic, post here and your friends' experiences in Texas and beyond which fly in the face of the law are most definitely not helpful other than side anecdotes.

    If you can't search, read, understand and explain the law, please don't post it. You post sites which confirm what other people have said in defense of your own position - and don't even realize it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #12

    Oct 6, 2008, 08:12 AM
    Quote Originally Posted by traceyrco View Post
    Please people. The answer to this person's question is on several state's child enforement agency's website my amended answer (most recent) is still correct - search "STATE child support inforcement" and their answer should be there. I rest my case that states will help with establishing paternity at little to no cost to either parent - even if initially I took for granted that it was always the AG I did correct myself when you brought this to my attention. So you can say you were correct and you were - it's just the expensive way to do it and folks that can't afford attorneys are usually looking for inexpensive or free solutions to their questions on the web - so both of us can be correct:

    New York:
    What if I am not sure or do not think the child is mine? If you are not sure or do not think you are the father of the child, do not sign the Acknowledgment of Paternity form. You or the person taking care of the child can start a court action to decide the issue of paternity. If this action is taken, you will have to appear in court. You have the right to hire a lawyer for this action; if you are unable to afford a lawyer, New York State law provides that the court may assign you one. https://newyorkchildsupport.com/non_...nfo.html#legal

    Michigan:
    "Paternity can be established in the following ways:

    If a child is born to an unmarried mother, she and the alleged father can sign an Affidavit of Parentage form at MDCH - Affidavit of Parentage to legally establish the father's legal rights (sometimes referred to as paternity acknowledgment), or
    The mother and the alleged father can ask the court to determine the legal father of the child. The prosecuting attorney's office in each county is responsible for filing and prosecuting actions to establish paternity."
    DHS - Child Support Information for Parents

    Texas:
    "As the official child support enforcement agency for the State of Texas, the Office of the Attorney General provides services for parents who wish to obtain or provide support for their children.
    Rights of the Parent
    Responsibilities of the Parent
    The Child Support Division determines, on a case-by-case basis, which of the child support services listed below are appropriate:
    Locating the absent parent
    Establishing paternity
    Establishing and enforcing child support orders
    Establishing and enforcing medical support orders
    Reviewing and adjusting child support payments
    Collecting and distributing child support payments
    The Office of the Attorney General provides parents with a full range of child support services at no cost. The services are required by federal law and funded by the federal government and the State of Texas."

    Don't forget to give your child a hug as often as possible and tell them you love them today!!

    I never said NY would charge or require an Attorney. I said that Family Court is the agency that arranges testing and assistance in collecting - that's where you start. You have once again spun off in another direction. When corrected, you dance onto another subject, another question - which, on this thread, you yourself raised. I NEVER said anything about paying for legal assistance - you did.

    If you can't search, read, understand and explain the law as well as understand what other people are saying, please don't post.

    This has turned into a message board with the same info being posted - I think the subject should be closed as this discussion is of absolutely no help to OP.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #13

    Oct 6, 2008, 08:26 AM
    Quote Originally Posted by traceyrco View Post
    I rest my case that states will help with establishing paternity at little to no cost to either parent - even if initially I took for granted that it was always the AG I did correct myself when you brought this to my attention. So you can say you were correct and you were - it's just the expensive way to do it and folks that can't afford attorneys are usually looking for inexpensive or free solutions to their questions on the web - so both of us can be correct:
    Yes its certainly possible for both to be correct. It just isn't the case here.

    Nowhere in this thread did anyone but you raise the issue of the cost of this help. No one is disputing that there are avenues that can get free or low cost help on pursuing parental rights.

    And no you didn't correct yourself until now. In Post #4 you advised using the AG's office. In Post #6 you stated that "every state I've heard of the Attorney General is in charge of collecting child support". In post #10 you posted links to two sites that proved you were wrong and then chastised us for telling you you were wrong.

    The real issue here is that you made an erroneous statement. That statement was corrected and your own research confirmed the correction, yet you chastised those who had corrected you. If you had taken more care in reading and understanding the thread and your research you would have realized you were wrong.

    People make mistakes and its no great shame to do so. It becomes a shame when you refuse to admit your error.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #14

    Oct 6, 2008, 09:12 AM

    I would suggest that while we want all people to be able to help, those that are not up on the law and merely learning from web searches may want to read and listen more first, and pherhaps help more in other areas where opinion not fact is the most important.

    In some areas giving totally incorrect or not related material can sometimes give false hope or cause them to do things incorrect.

    Plus to be honest attitude when others are trying to help does no one good.

    I considered deleting a lot of the suspect posts but at this point will merely close the thread.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
     
    #15

    Oct 6, 2008, 06:03 PM
    Sorry Chuck I just had to add this as Tracy said that she "found the websites, but just didn't read anything.

    Had she read, she would have seen, in her link to the Michigan site the following:

    f you are not receiving FIP or Medical Assistance, you can apply for child support services as follows:

    * If you already have an order for support and wish to apply for child support services, contact your local Friend of the Court (FOC). The listing of FOC numbers can be found at http://www.michigan.gov/documents/FI...rs_94093_7.pdf.
    So, as you can see, it does benefit researching the websites we post.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Parental Rights [ 2 Answers ]

If I were to sign over parental rights and my name is not on the birth certificate and I have not been responsbile for this child, am I still liable to pay child support?

Parental right [ 3 Answers ]

If I sign over all parental rights to a child in nj do I still have to pay child support?

Parental Right [ 1 Answers ]

My child is a few months shy of turning 16 years of age. My child's biological father has not been a part of my child's life for the past twelve years other than an occasional phone call once/twice a year. The last twelve months, my child has not heard from this biological at all. My husband has...

Parental rights [ 3 Answers ]

What responsibilities do you lose when relinqishing parental rights?


View more questions Search