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myvue69 · Dec 20, 2011, 05:39 PM

Thanks cal but I'm sorry I am confused by the article cause it looks like my son would have to have Emancipation in court or am I reading this wrong when it comes to legal jargon it trips me up at times but I am keeping this article to further investigate the issue. I am going to look under the Missouri revised statues and see if I can find anything there about the issue.

cdad · Dec 20, 2011, 06:11 PM

Originally Posted by myvue69

Thanks cal but I m sorry I am confused by the article cause it looks like my son would have to have Emancipation in court or am I reading this wrong when it comes to legal jargon it trips me up at times but I am keeping this article to further investigate the issue. I am going to look under the Missouri revised statues and see if I can find anything there about the issue.

As I had said before. He is semi-emancipated already. When it comes to decisions over his child he has that right. They don't take babies away from the minor mothers and turn them over to the parents do they? Call a hospital and ask if a minor can make decisions for the child they have just had. They will tell you yes. If he is proven the father then he has those same rights. You are still responsible for him as he is still a minor. But he is just as responsible for his child as you are for him.

It's the law.

J_9 · Dec 20, 2011, 06:35 PM

I'm not sure if I can help here, but I have experience with teen parents in that I am a labor and delivery nurse and have delivered many babies to teen parents.

As this girl and your son are both teen parents, they are emancipated in the sense that they can make decisions, and enter into contracts, that concern the health and welfare of the child they share. Besides custody and visitation, these are the rights that your son has when it comes to the child. For example, if the baby becomes terminally ill, your son and the mother of the child have the right to decide, and enter into a contract, the treatment of the baby. This is part and parcel of the rights and responsibilities of parenthood.

I'm not sure if this helps at all, I am just trying to explain how your son is emancipated in this sense.

myvue69 · Dec 20, 2011, 07:33 PM

Thank you all for helping my family learn about teen parenthood. I think I am going to call legal aid again and ask them that question about him already in some degree being already emancipated and ask why is our financial info being used in determining his qualification for service and see how they respond. If I don't ask I won't know. It never hurts to ask. AS I tell my students at school daily no question is a stupid question if you don't know or don't ask. So thank you all for teaching and educating me in this area much appreciated.

J_9 · Dec 20, 2011, 08:04 PM

Unfortunately you may be in a catch-22 situation here. While he is considered emancipated in order to make decisions regarding his child, your son is not legally an adult. By this I mean that he is still your financial responsibility when it comes to legal aid as well as contractually in this case.

Basically, he has the ability to sign consents for medical treatment of his child, or get him enrolled in school, etc. But he is still considered a minor when it comes to any other contractual issues.

myvue69 · Dec 20, 2011, 08:30 PM

J 9 thank you for letting me know this. This is a sad situation I guess for my son because we do not have excess funds to hire a attorney for him but teen moms can get legal aid and have all rights when child is born and the fathers have none unless they hire a lawyer. But more importantly this is a very sad situation for his son. What I guess I will tell mom son is write a journal as we the grandparents are doing so that when the day comes Ryan can read and see we tried everything we could do in our power to help him. I guess we will have to rest this issue in God's hand as we and several from our church have been praying for him. I am so blessed to have a wonderful church and prayer chain to assist in praying for this issue at hand a innocent child without a parent in his life. Thank You Thank You

myvue69 · Dec 20, 2011, 08:39 PM

Right now my son has no rights because he is not on birth certificate or any court order granting him any rights other then child support. Mother will not take it to court cause she knows if she doesn't she has the upper hand by avoiding court. There needs to be some laws giving teen fathers rights as son as paternity is established so they can active in their child's life. I wish I had more knowledge in this area so my son could go to court without a lawyer but that is not the case. But I am learning as much as I can over Christmas break before school starts back and back to teaching. I just don't want my son to have the court say he has been absent father in his child life and his rights gone forever. Thank You off to say some prayers so this situation.

ScottGem · Dec 21, 2011, 04:18 AM

Since a DNA test was ordered by a govt authority and that DNA test proved your son the father, you can argue that he is now the legal father and has rights. But those rights still have to be ordered by a court.

Another avenue for legal help for you might be a local law school. Many law schools have clinics that will help prepare paperwork, petitions, briefs, etc. as well as advise on strategy. So I would check that out.

The journal is a very good idea. But I would be careful about it being negative towards the mother and her family. Emphasize the positive about what you and your son are doing not how the mother and her family are blocking.

myvue69 · Dec 21, 2011, 07:15 AM

Thanks Scott will do. Keeping the journal about what are daily activities are not about the negatives about mother and her family . I do indeed have a major University near by maybe as you suggested calling their law school and see if they can assist in matter. At this point anything is worth a try.

J_9 · Dec 21, 2011, 07:22 AM

Although you have had a paternity test done, one of the sayings in the L&D department is "Mother's Baby, Daddy's Maybe." Unfortunately the father has the hardest time in all of this.

I agree with the Law School idea. There are many students who will be willing to help for free or a small fee.

I don't know where in MO you are, but here is a list of Law Schools that may be near you and may help.

Missouri Law Schools - Missouri State Resources - AllLaw

J_9 · Dec 21, 2011, 07:26 AM

As another suggestion... Contact the Bureau of Vital Statistics in the state where the child was born to see about how your son can get on the birth certificate.

myvue69 · Dec 21, 2011, 10:49 AM

Ty J9 looking it up and going to call and see what they tell me.

myvue69 · Dec 21, 2011, 12:28 PM

Well I should know nothing is easy at all in this issue of teen fatherhood rights Called vital statistics in Ohio and was told he cannot get on birth certificate without court order or the Mother and then him signing acknowledge of paternity considering she hasn't given my son her address or phone number not sure unless we just send to the last known address we had for her family when we did a skip trace. I am not sure if that would provoke them to up and move again or if she would respond back. Maybe the next time she calls my son he could ask her for her address and phone number and see what she says. I guess this Christmas break is not going to be much of a break and relax before school but it will be one to remember as helping my son and rights to be a dad that matter right now. I am a firm believer in the power of prayer so those of you out there who are would you please pray for my son and this situation thank you so much and God Bless each of you.

ScottGem · Dec 21, 2011, 12:55 PM

Originally Posted by myvue69

considering she hasn't given my son her address or phone number

So you still haven't pursued parental kidnapping yet? Again, if she is hiding his son from him that is parental kidnapping. Talk to the police and the FBI.

As for Ohio requiring a court order, get a copy of the ruling on the DNA test. If she was compelled to submit to a test and a government agency has declared him to be the father, then you should be able to get the birth certificate modified.

JudyKayTee · Dec 21, 2011, 02:34 PM

I'm going to be harsh - prayers may or may not help you now. I think it's time to follow some of the advice that has been given to you. The child (according to what you have posted) very possibly is in danger. DO SOMETHING TO CHANGE THAT!

This is why teenage parents, no matter how responsible, no matter how serious, no matter how invo;ved, are a big problem. Your son is tied to "these people" for a MINIMUM of 18 years. Apparently you are, too.

I'm a taxpayer - and I'm getting very tired of paying for welfare and health care and whatever else for children born out of wedlock. Very tired. I have no idea how your son plans to support this child. To some extent I am sure you will. Probably so will the taxpayers.

I realize there were problems which you realized too late - and, as I said, I understand all about hormones. Didn't it ever cross his mind that she could get pregnant?

So get an Attorney before they skip. Hire a PI. Do something proactive instead of reactive.

This is beginning to read like a blog or a prayer circle.

Again - sorry to be harsh but how many times do people who are experts in these matters have to point you in the right direction before you take action?

cdad · Dec 21, 2011, 02:48 PM

More reading and information for Ohio.

Ref:

What Happens after paternity has been established
When a man is presumed, found or declared to be the father of a child under the Uniform Parentage Act, or if the father has acknowledged the child as his child in an acknowledgment of paternity, and the acknowledgment has become final, upon submission of documentary evidence of such facts to the Department of Health, the Department must issue a new birth record. The new birth record must have the same overall appearance as that which would have issued if the parents had married before the child's birth. Once the new birth record is issued, the original ceases to be a public record.

Establishing Ohio Paternity

myvue69 · Dec 21, 2011, 03:42 PM

Thank you Judy for being honest not harsh and you are right I would have to help my son for at least until he becomes a adult and has more rights but that is my job and responsibility as a parent. But as far a public assistance the child would not be on that in our home we not qualify for any such services. About the only thing that might qualify my son for anything might be wic but that is a women infant child program. We are a low middle working class just like most Americans. I know the child living with mom would be living off the system because the family was before all of this happened. We called the local Child Support division in our state who basically said because our son is a minor that if they sent it to the prosecuting attorney it would probably be a closed case since he barely sixteen. They said if he was closer to 18 that would be a different story. They said he is in a catch 22. We live in central Missouri and University of Columbia is less than a hour away. So that is worth a try but I know they are on Christmas break.There is no kidnapping charges at this time because she is mother and the child was in born in Ohio and she moved there before the birth. From what Child Support said we would have to have a court order to secure his rights or if their child support happened to step in. As of Yesterday late afternoon they don't have any case on my son is what they told me yesterday.My son told us late last night the mother called him and said he could come to her home and see child and that we the grandparents could too. My son told her he would not be able to come to Ohio without his parents so she said that was fine however when getting there that could be a different story. I don't put anything past them to try and do.I am waiting for a call from a attorney to set up a consultation visit that is something that I can afford at this present time and then go from there. After Christmas break I can see if the university could assist in the matter and what it would cost. After trying some of the suggestions posted here I think the consultation with the attorney is the next step. Not having experience with hiring attorney for anything I like to get informed as much as possible and learn as much as possible to save time and money with a attorney cause I know from others talking they are not cheap. Plus a couple that I have called about pricing I was a little shocked at the hourly rate. I not saying the attorneys don't earn that money or anything I was a little shocked.

myvue69 · Dec 21, 2011, 03:44 PM

Thank you Cal for the info. On birth certificates. I will see if I can research that a little more about Ohio Law before calling back the vital statistics dept. in Ohio.

myvue69 · Dec 21, 2011, 03:53 PM

Thanks Scott but there is no parental kidnapping charges to file because she moved before the birth and Ohio did not start the DNA testing there and there is no case opened there that is per phone conversation yesterday with them. We started the DNA testing in our state how it worked out from there I don't know that if our state sent her a letter asking for testing or what. There are no court orders or anything that I am aware of yet.

JudyKayTee · Dec 21, 2011, 04:16 PM

I am not saying YOU or your son will apply for benefits, will qualify for benefits. In fact, I'm not sure your son would/could get custody. That's up to a Judge to decide. If the mother (through her parents) applies I am pretty sure they WILL get assistance, and now we're back to the taxpayers.

I can only say this so many times - you can pay now... the hard way OR pay later... the even HARDER way when custody turns into a circus.

I have stepchildren and stepgrandchildren. I have no "natural" (how I hate that term!) children or grandchildren. If one of MY "steps" were in a dangerous situation I'd be getting a second job, selling my jewelry, going door to door asking friends and family for help, going to the local law school, going to legal aid, begging the Court - until I got legal representation. You HAVE to be more active than you are.

I've said this so many times that I'm bored reading it - and I wrote it!

Please - these matters get nasty. Children get hurt. Protect that Grandchild. On the other hand, if you don't believe they are dangerous or have no proof - or whatever - then just keep reacting.