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-   -   How can a father himself sign his rights over (https://www.askmehelpdesk.com/showthread.php?t=292616)

  • Dec 15, 2008, 07:37 PM
    valval91
    How can a father himself sign his rights over
    The father of my 3 year old girl recently found out that he was the father of a 7 year old
    Girl but his daughter has another mans last name and the other man is on the birth
    Certifcate, the child's mother calls the biological father phone and leaves messeges of her and the
    Little girl (quote) I hate you, your not even a step dad that's why I call you by name, sign over your rights
    And so etc. So how does that work what can he do about this??
  • Dec 16, 2008, 07:18 AM
    GV70
    Quote:
    Originally Posted by valval91 View Post
    The father of my 3 year old girl recently found out that he was the father of a 7 year old
    Girl but his daughter has another mans last name and the other man is on the birth
    Certifcate, the childs mother calls the biological father phone and leaves messeges of her and the
    Little girl (quote) I hate you, your not even a step dad that's why I call you by name, sign over your rights
    And so ect. So how does that work what can he do about this???
    If the girl has other last name and he is not on her BC he does not have rights.The question is what he wants to do.
  • Dec 16, 2008, 07:23 AM
    ScottGem

    It sounds like the mother is confused or getting bad advice. As GV70 said, if he is not listed on the because then he is not the legal father and has no rights to relinquish.

    If I were him, I would get an attorney to write her a letter stating:

    Since my name is not on the birth certificate for your daughter, then I have no legal standing with respect to her. Please do not contact me again.

    That should get her off his back.
  • Dec 16, 2008, 08:52 AM
    GV70

    Important question-where do you live?
  • Dec 16, 2008, 02:34 PM
    cdad
    Quote:
    Originally Posted by valval91 View Post
    The father of my 3 year old girl recently found out that he was the father of a 7 year old
    Girl but his daughter has another mans last name and the other man is on the birth
    Certifcate, the childs mother calls the biological father phone and leaves messeges of her and the
    Little girl (quote) I hate you, your not even a step dad that's why I call you by name, sign over your rights
    And so ect. So how does that work what can he do about this???
    You have 2 things going on here:
    1) her calling like that is grounds for a restraining order.

    2) involving her daughter in a call like that is grounds for child abuse.

    I agree that if he's not on any paperwork then he's not the " legal " father.

    Has a DNA test ever been done ?
  • Dec 16, 2008, 02:54 PM
    Fr_Chuck

    Yes, at this point the man on the birth certificate is the legal father, the mother may in some areas go to court, demand a DNA test and request child support, but in many states after a number of years he can not be forced to take the DNA test or pay support so this issue will depend a lot on where they live.
  • Dec 17, 2008, 10:02 PM
    valval91
    Thanks for your answers so far we live in the state of. Ohio and he is being forced to pay child suport and back rears as well, I forgot to say that in pervious question, so what can he do??
  • Dec 17, 2008, 10:50 PM
    GV70
    Quote:
    Originally Posted by valval91 View Post
    Thanks for your answers so far we live in the state of. Ohio and he is being forced to pay child suport and back rears as well, I forgot to say that in pervious question, so what can he do???
    Ohio has a very inconsistent legislation.
    According to Oh3111.03 the girl's presumed father is mother's husband,but according to Oh3111.04 and 3111.05 the mother has rights to pursue the biological father for child support...
  • Dec 17, 2008, 11:04 PM
    GV70
    Quote:
    Originally Posted by valval91 View Post
    My boyfriend has a daughter that is 7 years old but his name is not on the birth certifcate
    But the mother of the child got a dna done and it is my boyfriend daughter and he was then found guilty
    Of non child support and has to pay monthly payments and some on rears and the mother harresses him on the answer machine saying he is not evan a step dad calls him out of his name and so on does not allow the child to come over to our home and keeps saying sign his rights over, there is no way that they are ever going to have a bond because the mother is never going to allow how can he sign his rights over?? P.s he als has proff of the harressment per myspaces messeges and mother and daughter on answer machine saying quote you are not my father and never will be and so on please help!!!
    OK- I see that the husband's paternity was disestablished and in this way all rights and responsibilities come to your boyfriend.He CANNOT sign over his rights and obligations.
  • Dec 17, 2008, 11:06 PM
    valval91

    She is wanting him to sign his rights over and so are we and the daughters mother is not married
  • Dec 17, 2008, 11:10 PM
    GV70
    Quote:
    Originally Posted by valval91 View Post
    Thanks for your answers so far we live in the state of. Ohio and he is being forced to pay child suport and back rears as well, I forgot to say that in pervious question, so what can he do???
    He has the obligation to pay what was ordered but he has right to fight for visitation.
  • Dec 17, 2008, 11:13 PM
    GV70
    Quote:
    Originally Posted by valval91 View Post
    She is wanting him to sign his rights over and so are we and the daughters mother is not married
    He can sign his rights over if her husband is willing to adopt the child ONLY.
  • Dec 18, 2008, 09:40 AM
    this8384

    Most states have a statute of limitations in which paternity can be questioned. Who initiated the process to determine that he's actually the father?

    If he has been established by the courts as the legal father of the child, then he is entitled to visitation. Personally, I believe he should fight for it; the little girl is his daughter and he should make the attempt to be in her life. If her mother refuses to let him see the child, then he has every right to take her back to court for contempt.
  • Dec 18, 2008, 11:42 AM
    GV70
    Quote:
    Originally Posted by this8384 View Post
    Most states have a statute of limitations in which paternity can be questioned. Who initiated the process to determine that he's actually the father?

    If he has been established by the courts as the legal father of the child, then he is entitled to visitation. Personally, I believe he should fight for it; the little girl is his daughter and he should make the attempt to be in her life. If her mother refuses to let him see the child, then he has every right to take her back to court for contempt.
    Ohio has provisions that a paternity action may be brought till child's 23 birthday.There it does not matter who initiated the process.
  • Dec 18, 2008, 12:10 PM
    this8384
    Quote:
    Originally Posted by GV70 View Post
    Ohio has provisions that a paternity action may be brought till child's 23 birthday.There it does not matter who initiated the process.
    Good to know; in Wisconsin, there's a SOL on contesting paternity. I was just curious as to whether the mother, the originally named father, or the biological father was the one who requested the paternity test; why wait 7 years if there was any question as to the daughter's paternity?
  • Apr 30, 2009, 10:22 PM
    mum45

    I am just amazed at what mothers can do to their children. I think this little girl is going through some horrid mental/emotional abuse.

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