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Attorney & Mediator
Attorney & Mediator, Lawyer
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Experience:  Attorney & Certified Mediator
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I am a father who has had to prove paternity, there is a lot

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I am a father who has had to prove paternity, there is a lot of complications, but I was told my case has run out and that I can no longer claim my son as my own without opening up another case by his grandmother, is this true? I just want my name on his birth certificate...
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Let me see if I can assist.

Please clarify what "other case" you are referring to? That does not make sense.

How was paternity established?

And what action did you file that they are now saying your case has run out?

Thanks
Customer: replied 5 years ago.
Hi than kyou for responding, ok it goes something like this..

The childs mother left me while he was still in her womb, she had him without me and told me she wanted nothing to do with my life, I did not hear from her again for two years, when I finnally tracked her down I found out I wasnt on the birth certificate.

So I got angry she tried to come back into my life yada yada drama drama, fast forward to the paternity test, I had a paternity test done as she had openly cheated on me, and I wanted to make sure that he was mine.

that test proved paternity and the appropriate form was sent to sign notarize and send back, due to my lack of action I procrastinated and didnt send the form back for several months, without it being notarized.

I recieved another form I notarized this one, and sent it with his christmas gifts, I got a response from his grandmother to the tune of as far as the form you sent me the case is closed and it would be dificult to open up another case. She said you dont need to prove you the father to love him.

I feel like this is a way for the grandmother to remain in control, I am at a loss for what to do , what my rights are etc, I just want my name on his birth cert, I just want rights as his father...
Expert:  Attorney & Mediator replied 5 years ago.
What is the name of this "appropriate form"? Is this an acknowledgement of paternity form or the court order establishing paternity?

And why does grandma have this form?

Thanks
Customer: replied 5 years ago.
acknowlegement of paternity, and gma has the form because she is taking care of my child if you cant tell the mother is not stable and is currently in chicago...

the gma is taking care of my son and in my opinion would like to see me have no rights, I am a good person and just want in my sons life beyond sending him gifts for his bday and christmas...she told me the case, whatever that means, had expired at the begining of december and that it would be dificult to open another as his mother is in chicago and therefore is not in state, I need to know if I have any rights and if so what are they?

why would there be any case when the form is simply to acknowledge paternity and establishing me as his father on the birth certificate?
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your replies.

If you have a court order judgment establishing paternity, that never expires, I don't know what the grandmother is talking about. Once paternity is established that is it, you are the legal father. There is no other case to file after that unless you have filed to ask for child custody. From the information provided, seems like grandmother is lying.

If the child's birthcertificate is in Oregon, contact the vital records office there, they will help you with adding your name on the birth certificate. Per their website, you will need a certified copy of the paternity order (you can get this on your own and don't need grandma's consent), you then execute another acknowledgement of paternity form (which you need to call vital records to send you), pay $50.00 and vital records birth record order form.

You can review their instructions on this below:

Q: Can either parent establish paternity through a court?

You can also contact

Regarding establishing paternity by court order:
Tony Bojanowski,(NNN) NNN-NNNNanthony.m.bojanowski@state.or.us


To help further. I believe grandmother is lying to you and you should be able to do this on your own.


_______________________________________________

Please Note: My question is limited to your facts presented and additional information you post may not come in after my answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.
its in alaska is there any thing further you can tell me about that, he was born in alaska in fairbanks...
Expert:  Attorney & Mediator replied 5 years ago.
But the paternity test was done in Oregon, is that correct?

Customer: replied 5 years ago.
the paternity test was done in oregon but the actual case came from alska. paternity was proved and I was sent a form that was acknoledgement of paternity to get me on the birth certificate.

it sounds like what you are saying is that form I was sent isnt even nessacary if paternity has been established i can submit this to the propper authorities and get a new birth cert issued...correct?
Expert:  Attorney & Mediator replied 5 years ago.
No, the form is necessary, but you don't have to go through the grandmother, you can handle this on your own. You would need a certified copy of the paternity results, another acknowledgement of paternity form and and request form to amend the birth certificate from the Alaska vital records. To get another acknowledgement form you need to contact Alaska vital records to send you the form. Do not go directly through grandma.

Since the birth records are in Alaska you need to contact them directly for the forms. Don't go by grandmother, she is only trying to control all issues here. As a matter of fact if she currently has no legal guardianship or court orders giving her custody, once you add your name to the birth certificate you can petition the court to get custody away from her, but that will need to be done in Alaska since the child is a resident of that state.





_______________________________________________

Please Note: My question is limited to your facts presented and additional information you post may not come in after my answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.
Ok just to clarify currently the gma has the form that was notarized by the mother and myself do i have to have that form and if so if i need to create another one, do I have to have the mother sign and notarize to establish paternity and get my name on the birth cert?
Expert:  Attorney & Mediator replied 5 years ago.
Majority of states require such form to be included along with the court order of paternity, mom's signature is usually required. Unfortunately Alaska law is not clear on whether the affidavit form is needed, you will need to contact them directly. Majority of time, it is necessary.

Assuming that no one is able to help you, you will need to go to Alaska and file a motion to force mother's signature on the affidavit of paternity form.


_______________________________________________

Please Note: My question is limited to your facts presented and additional information you post may not come in after my answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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