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My son has been told he is the father of an unborn child. The maternal grandmother wants him and the underage mother of the child to sign over temporary guardianship to her. My question is this: How can my son sign over guardianship of a child that has not legally been determined is his through dna? Doesn't there have to be a dna test done before he signs over guardianship?
A DNA test is what will prove (or disprove) paternity. This can't be done until after the birth. I don't know if it's even possible to "sign over guardianship" of a child who's not even born yet. In lieu of a DNA test, he can sign an affidavit of paternity (if he can truly believe beyond doubt that the child is his.) But again, this would not typically be done until the actual birth. In any case, encourage your son to be extremely cautious concerning what he signs and agrees to as it can have far-reaching consequences.
If he agrees to signing the birth certificate then he doesn't need DNA testing. If he questions paternity then he does need a DNA test. BUT some states require DNA testing at birth before the birth certificate is signed.
At any rate, you are right he can't sign any guardianship papers until his name is on the birth certificate.
What worries me is that the maternal grandmother is saying that the temporary guardianship papers have to be signed within 72 hours after the baby is born. I thought you could gain guardianship at any time. I was under the impression that the "72" hour thing was just for adoption. She says that she is not going through a lawyer but is instead filing the guardianship papers on her own at the local county clerks office. Do you think she is up to something?
She's either up to something or is grossly misinformed. Sounds like she's making up her own rules. Just what is the basis for the maternal grandmother seeking "temporary guardianship" anyhow?
She is seeking guardianship because both my son and her daughter are underage. Which we have no problem with until they are responsible enough to make the right decisions. But my son was only with her one time, they are not dating nor have they ever dated. Temporary lapse of sanity as well as morality on both parts I guess. Her family has been friends with ours for years.
He has heard that she was with other people as well, which is why he is not certain that he is the father. He is not denying the possibility but only the certainty.
Do you know where I might be able to find something in writing that I might be able to use to show them saying that nothing can be done until paternity has been established as well as stating that it does not have to be within 72 hours to gain guardianship? Anything?
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Originally Posted by miller3782
You have nothing to defend - your answer to them SHOULD be that your son will acknowledge nothing, will sign nothing UNLESS AND UNTIL DNA proves or disproves paternity.
There is absolutely no way I believe this is the law anywhere - a "72 hour" rule would require men who don't even know if they are the father to acknowledge that they are so guardianship can be set up. No way.
OR - tell her YOU want to see the law. She can quote anything she wants. Show you the law, tell you where you can find it and then you come back and post it and you'll get an opinion based purely on the law where you live.
Thank you so much. I appreciate your time.
Quote:
Originally Posted by miller3782
Let us know how this works out.
Right now (so to speak) the ball is in your court. Keep your head (which you're doing) and make her prove what she's saying.
And remember if you have the time to come back and let us know.
Good luck.
I agree with JudyShe is pressuring him "coercing''
If he doesn't want to give up the baby he needs to make sure he doesn't sign anything until after the DNA results show he is the father.
There is no reason she needs guardianship. Often once a relative is signed guardianship it can be hard to undue if they fight it.
How old is your child and the soon to be mother of the child ?
That may make a huge difference.
She said they are both 'underage'
That could mean under 18 or less.Quote:
Originally Posted by N0help4u
Depending on the ages and the location, the OP's son could find himself with a statutory rape charge whether the child is his or not.
Also it means that legally he can't sign for anything. And the responsibility for the child if proven his may pass to the parents as we have seen in other cases where the parents of a minor are to pay child support until the minor reaches age of majority and then is responsible for their own actions.Quote:
Originally Posted by ScottGem
I recall reading somewhere (can't recall where) that in cases or paternity, adaptation etc. that a minor child can sign. Not sure if its universal or not.Quote:
Originally Posted by califdadof3
Yeah I have read that when a minor has a baby in some states they are automatically emancipated.
I know all the teens in my area having the tons of babies they do and they sign the birth certificate and aren't in any legal trouble.
I think the girls mother insisting on this is the major problem here unless OP explains more.
All of this aside, it has no bearing on the legalities of the situation at hand. Your son and the girl still have paternal rights, regardless of their ages. Maybe no quite as much autonomy as they are 'underage' as you put it, but that does not in any way automatically give the maternal grandmother (or anyone else) an automatic 'in' to claiming "temporary guardianship."Quote:
Originally Posted by miller3782
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