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Hi I'm 7 months pregnant, and been in the hospital for a month for preterm labor. He has disappeared. The father in questioned has not stepped up, or taking responsibility. We have no DNA in progress. I want to leave the state but when he found out he saying I can't because he feels he thinks he don't know if he the father. So I can't leave till he get the DNA. He said he not going sign birth certificate or anything.
At this point you can leave the state
Until the paternity is established he has no claims. If he doesn't want to be on the birth certificate why is he concerned where you go? Is he saying he will go for a paternity test but doesn't want to be listed as the father? He can't just pick what he will and will not do here. If he is the father and you have him named on the birth certificate it doesn't really matter if he doesn't sign anything. I'm guessing that he is thinking that if paternity is established and you go after him for child support he thinks he will just say he never signed anything so he is not responsible?
. If they are not married she cannot have "him named" on the birth certificate. It doesn't work like that. He would need to be present to sign an Affidavit of Paternity for him to be named the legal father.Quote:
Originally Posted by N0help4u
Also, at this point in time he doesn't have to step up and take any responsibility as the child is not born, nor has paternity been established.
I am thinking he wants the paternity test but he doesn't want his name on anything that ties him to the baby. I am not sure what he wants though because it seems like he wants it both ways to his convenience.
Your post is kind of confusing. The way I read it the father has not been around until recently. He is saying he won't sign an affidavits of paternity, but wants DNA testing. He also is saying you can't move out of state. You can't move now because you are hospitalized, probably until the baby is born. Is that correct?
If you could travel you could move before the baby is born, and there is nothing he can do about it. The child becomes a resident of wherever the child is born and that area would have jurisdiction.
If you can't travel, you are stuck. Once the child is born, he can file for joint custody and visitation and require a paternity test as part of it. Once paternity is established he can get visitation. You would have to prove that moving would be in the best interests of the child.
You would, of course, file for child support.
Ok my last post was confusing.
I'm 7 months pregnant in OKC. The father of the child and I was doing great until a dispute spiral out of control. So since then he has been denying the baby and been out of the picture. Between his friends and family they cause a lot of stress which lead me to preterm labor. So again he has not checked on me or the well being of the baby. Until maybe yesterday he called and said he wanted a DNA test. I food him that's fine he just have to arrange it and pay for it. But I also let him know since he denies the baby and me I rather move out of state with my family. He then told me I couldn't do that since he want a DNA test. I told him it.can be done anywhere I.just want to leave. He said he was going to file a custody case so I can't leave till it was done. Is that possible without a confirmed paternity test. What rights do he have if no DNA has been done
If he's the father, he has rights. You can't just decide that you don't want him to be in the babies life, and leave. He has the right to find out if this is his child, and if it is, he has the right to be a parent to this child.
How would you feel if the roles were reversed?
Looks like this is part of this question from yesterday.
https://www.askmehelpdesk.com/family-law/no-paternity-765806.html
I see u didn't read it carefully, he abandoned us. Until he found out I was leaving due to the risk of the baby health. For 7 months he ignored calls. Denied the baby and even text me to disappear with the baby. So What right does he have. Can I really afford a Dr jekel. Dr Hyde.
Quote:
Originally Posted by Alty
So the two of you broke up while you were pregnant. Until the baby was born (is the baby now born?) how could he abandon the child? He left you, he stopped his relationship with you, he wants nothing to do with you. That doesn't mean that he abandoned his child, if it is his child.Quote:
Originally Posted by Neald123
He has the right to determine if this baby is his. Why should he pay child support if there's a chance he's not the father? Asking for a DNA test is the smart thing to do. Why are you so upset about that? Is there a chance he's not the father?
If the DNA test shows he is the father, he has the right to be a parent. He has a right to see the child, and support the child. You can't take that right away just because he broke up with you, and questioned if the baby was his.
Just an fyi, it's Dr. Jekyll and Mr. Hyde.
No he sent a direct text saying he ddoes not want to be a father or have anything to do with the child. He said he has enough issues. So i chose as an adult to move and when i found out the baby is at risk for mental issue and physical handicap i let the father know once again he told me that's not his problem . So yes i filed for full custody and termination of rights . And child support.
He then said before he pays support he will file custody. So my point is i don't mind he dna test i would love one. But y fight for rights now that i'm filing custody and support.
Sounds like she or he is bitter and taking it personalQuote:
Originally Posted by Alty
Who? Are you answering your own question?Quote:
Originally Posted by Neald123
You asked this yesterday and got answers... why are you asking again and then getting upset?
Because how it was written yesterday was confusing to many so I went into more detail with this post.
I don't understand. If he doesn't want to be a father, doesn't want to see the child, why the commotion?Quote:
Originally Posted by Neald123
Let him get his DNA test, then take him to court for child support. Move. If he wants custody, let him take you to court.
If you had mentioned all this in your first post, my answers would have been different. Apparently you posted the same question before, then posted it again. If you're not going to be clear about what's happening, you can't expect to get accurate advice. If you have to write page after page to tell the story accurately, then do it. You didn't. I posted according to what you wrote.
None of us can read minds. We can only base our advice on what you choose to tell us.
Are you talking about me?Quote:
Originally Posted by Neald123
Nope. I'm married, got married 3 years before I had my husbands, and my, first child. Then we had a second child. I've never had to deal with DNA testing, or child support. I got married before I had children, and I stayed married.
But I have friends that, just because they're men, are denied rights to their children, mainly because the mother of that child makes it impossible to establish paternity, or rights.
Just because you carried the child, doesn't mean you have the sole rights to that child. The father has rights too, and frankly, having both parents in the child's life, is the best for the child.
First you need to calm down and you need to dial back the attitude. He has the right to change his mind. While a court may fault him for his previous actions, that's not going to prevent him from exercising his rights. He has those rights and, once paternity is established, will be allowed to exercise those rights. You need to accept that because it's the law.Quote:
Originally Posted by Neald123
You say you filed for custody, support and termination of his rights. While, in certain area you can file before birth, nothing will be done until after birth. And you can forget about terminating his rights. Its not going to happen.
So we are back to what I said previously. If you can move before the birth, you can because nothing can be adjudicated before then. However, if the law in your area allows for him to file prior to birth, then he might get an injunction preventing you from moving.
Once the child is born, he can file for custody and visitation. He will, most likely, be granted visitation and that may prevent you from moving.
You have to understand that he is the father and is therefore, entitled to be a part of the child's life if he wants.
Move with your family and have a healthy baby and deal with the other crap LATER, after the baby is born.
The health of the unborn child comes before what he is talking about.
Like I said before, I think OP is upset because the father doesn't want to pay child support but wants custody rights. Probably only wanting custody rights to discourage her from going after him as the father.
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