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justwondering85 · May 22, 2008, 09:44 AM

I am reposting only because no one has submitted any suggestions yet. My X-boyfriend, also the father of my son, has just had another baby with a another girl. They were a couple before the baby was born and lived together, however, there was a question of paternity, so he has not signed the birth certificate or other legal papers identifying himself as the father. They are no longer together and now she is being very difficult and is not letting him see his new son. She also demanding support from him because she says the baby is his. He is in the process of getting a paternity test done, but in the meantime he wants to see his son. How can he if she is not allowing it and he is not on the birth certificate? - Does he have any legal parental rights in NH at this point?

JudyKayTee · May 22, 2008, 09:56 AM

Originally Posted by justwondering85

I am reposting only because no one has submitted any suggestions yet. My X-boyfriend, also the father of my son, has just had another baby with a another girl. They were a couple before the baby was born and lived together, however, there was a question of paternity, so he has not signed the birth certificate or other legal papers identifying himself as the father. They are no longer together and now she is being very difficult and is not letting him see his new son. She also demanding support from him because she says the baby is his. He is in the process of getting a paternity test done, but in the meantime he wants to see his son. How can he if she is not allowing it and he is not on the birth certificate? - Does he have any legal parental rights in NH at this point?

If paternity has not been established he has no rights -

One of them has to go to Court to get this resolved - issues of custody and support will require Court-ordered and approved DNA testing (not just any lab) and then the Judge will set up the rules.

The mother holds all the cards at this point.

ScottGem · May 22, 2008, 10:03 AM

First, I moved your post to Family Law which may be why your other post didn't get any answers. Second, if you don't get answers, add a reply to your post to "bump" it up the new thread list rather than post a duplicate.

As Judy notes, until paternity has been established he has not rights. If she has filed in court for support, he needs to counter file for custody/visitation. But nothing happens on either side until paternity is established.

stinawords · May 22, 2008, 10:55 AM

As said he has no rights. He made the choice not to sign an affidavit of paternity and is not on the birth certificate. I realize that was because he wasn't sure he was the father but in doing that he lost any privilege of seeing the baby until it is proven by a court ordered DNA test that he is the father. She also can demand support all she wants until he is proven by said DNA test he dosen't owe her a cent.