Ask Me Help Desk - Father's Rights?

Hello my question is what rights does my husband have if any and what can we do so he can get a paternity test done and have rights to see his Daughter? He has not seen since she was 2 weeks old Not by his choice though!The woman that was pregnant had been with one other man and when the baby girl was born my Husband asked for a paternity test and the woman refused he did not sign the birth cert. He went to see her when she was a week old and then 2 weeks old and called to set up another visit and the woman refused to let him see her because he wanted a paternity and to her that was denying that he was the baby's father He continued to try and get a paternity so he could pay support also sent 50$ a week every week for 2 years until he started getting it back because of address change then he met me we married and had a child still trying to get paternity anything but the woman refuses and as far as I have been told she has the right to refuse well we recently heard that the woman's husband adopted the baby girl no one notified my husband and he did not sign rights away So in addition to my first question does my husband have a chance now that her husbands name is on the birth cert and was this an illegal adoption Thank you so much to anyone who can help anser these questions

He needs to go to court to force a paternity test. Get an attorney.

Well he did about everything he could do wrong up to this point. He "asked" the women, no, you get the court to ORDER the women to have the DNA test. In some states there are time frames to file for DNA tests and in a couple if she was married to the other man at the time, he may not even be able to do anything at this point.

So his first step NOW, is what it should have been when the baby was born, hire an attorney file for a test though family court and first find out if he is the father.

Also find and get the cancelled check on every payment he sent for 10 years, since if he declared the father, she can also file for all of the pasts years child support, so he will need proof of where he paid it.

Quote:

Originally Posted by Fr_Chuck

Well he did about everything he could do wrong up to this point..

Correct.A lot of states consider that once adoption is finalized it will be irrevocable act.The second point of view is:your husband has known he is the possible father since child's birth but he has never tried to establish his rights and in this way he waived his rights.

Is it an illegal adoption.. the courts will have to decide that but it may very well be. Mostly it depends on how much of the truth was told during the adoption. He needs a lawyer and he needs to act now not wait any longer. Its not going to be easy or cheap and it may or may not take years to straighten out but if that's his wishes he has to try.

The Rights of Presumed (Putative) Fathers
Putative fathers have had fewer rights with regard to their children than either unwed mothers or married parents. Over the past several decades, putative fathers have used the Fourteenth Amendment to challenge the termination of their parental rights when the birth mother relinquishes their child for adoption. Nevertheless, States have almost complete discretion to determine the rights of a putative father at proceedings to terminate parental rights or adoption proceedings.
Constitutional Rights

The U.S. Supreme Court has affirmed the constitutional protection of a putative father's parental rights when he has established a substantial relationship with his child. The Court defined a substantial relationship as the existence of a biological link between the child and putative father, and it defined the father's commitment to the responsibilities of parenthood as participating in the child's upbringing/Stanley v. Illinois, 405 U.S. 645 (1972); Quilloin v. Walcott, 434 U.S. 246 (1978); Caban v. Mohammed, 441 U.S. 380 (1979); Lehr v. Robertson, 463 U.S. 248 (1983). /
Putative Father Registries

In almost all jurisdictions, putative fathers are entitled to notice of proceedings to terminate parental rights or adoption proceedings. States generally require a putative father to register on the putative father registry or acknowledge paternity within a certain timeframe in order to receive notice of such proceedingsApproximately 23 States/Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Louisiana, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, Ohio, Oklahoma, Tennessee, Texas, and Wyoming/ have statutes authorizing the establishment of putative father registries. Several States, /Alaska, Arkansas, California, Colorado, Connecticut, Hawaii, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Nevada, New Jersey, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Washington, West Virginia, and Wisconsin/ however, only mandate by law that a putative father file a notice of his paternity claim within a certain period. Failure to register or file may preclude the right to notice of termination or adoption proceedings.

You need to file a suit to establish paternity... This is critical and should have been done before the child was born... By waiting so long he may have compromised his rights to visitation... Judges don't look so kindly upon fathers that put these issues on the back burner

Quote:

Originally Posted by dadtobe

You need to file a suit to establish paternity...........This is critical and should have been done before the child was born............By waiting so long he may have compromised his rights to visitation...............Judges don't look so kindly upon fathers that put these issues on the back burner

There is nothing that can be done before a child is born. The baby being unborn has no rights. Its sad but that's the way it is.