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    mamatobee's Avatar
    mamatobee Posts: 18, Reputation: 3
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    #1

    Jan 1, 2007, 04:59 PM
    Child Support - Father not present for birth
    The father was not present at the birth and did not sign the certificate or Acknowledgement of paternity. I am going to a lawyer about custody and visitation. What rights does the father have and can I still file for support? I'm 100% sure he won't deny paternity.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 1, 2007, 05:08 PM
    Being present for the birth has nothing to do with it. Signing the because doesn't either as long as he is listed on it.

    He has the right to request a paternity test. He can file for visitation rights and probably be granted them. He can file for joint custody and probably be granted that. Joint custody means he has a right to participate in decisiuons about raising the child, not necessary physical custody. Unless he can prove unfitness you will get physical custody.

    You have the right to child support. And yes you can still file for support, even if his name isn't on the because.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 1, 2007, 05:33 PM
    As Scott stated, he can be 1000 miles away and he can even deny being the father. That does not matter, he has the right to require a DNA test and have a right to a legal hearing in family court.

    So you get your attorney, file for custody of the child ( he will file for visitation) you will file for child support.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Jan 1, 2007, 07:58 PM
    You can file for support and he can file for visitation. These would be separate motions. You'll need to prove paternity one way or another ; either by him signing an acknowledgement or by compelling a DNA test.
    mamatobee's Avatar
    mamatobee Posts: 18, Reputation: 3
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    #5

    Jan 5, 2007, 11:29 AM
    My baby is only 3 weeks old. I want supervised visitation. Does he have to agree to that. The lawyer I spoke to told me supervised visitation would only be for so long until he would get overnight visitation. Should I wait till the father files for custody. He really isn't pushing the issue... he just wants to visit
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Jan 5, 2007, 11:33 AM
    In the absence of a court order, you are in control. If you don't want to leave them alone, then don't.

    Whether he would get a judge to allow unsupervised or overnight visits is a different matter. If he can show he's capable of caring for the kid, it would be hard for a judge to refuse him.
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