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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience:  Attorney experienced in all aspects of family law
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I recently had a relationship with a separated woman who

Resolved Question:

" I recently had a relationship with a separated woman who is pregnant with what I believe is my child. She has been pregnant since December and a month later she decided to get back with her husband because she wanted him to be the father of the child. He agreed to this arrangement and has been living with her since. I have fought with them before on arrangements and she has said things such as she will leave the country(she is a naturalized citizen) and try to hide the kid from me. However she had gone back and forth on the issue and I realize the only way to guarantee any rights is to have a attorney which I cannot afford as I am graduating college in a month and have no job lined up. The child is due in September and I have agreed with her after much deliberation to sign over any paternal rights I have. Since the state will automatically recognize her husband as the father is there anything I need to do to set this in stone? Should I pay a lawyer to draft up a consent of release now? "
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.

Hello there:

 

if the husband is willing to be the child's legal father, and if you are willing to relinquish your parental rights, you have two options. Option #1 is to do nothing; once the child has emotionally established the husband as its father, he will be considered the permanent legal father. Option #2 is, once the baby is born, to establish your legal paternity, then have the husband adopt the baby. Until the baby is born, there is nothing to do.

 

Obviously, option #1 is the easiest way to go. Option #2 is more concrete, but requires a lot more work.

 

Let me know if I may be of further assistance. Thank you.

 

Customer: replied 4 years ago.
I was planning on moving out of the state, likely to California soon. I'm afraid she might come back suponea me to court for child support after a court ordered paternity test is done even though she is married. I read that in South Carolina the woman whose married in this situation is the only one who can intialize that. I realize the court will only recognize two parents so I would be bascialy subsdizing their personal lifestyle while I struggle to get a career started. Its been a very hard decision but she has been very physcologicaly damaging to me and any contact with her has been putting me on the verge of depression. I am open to the child contacting me at anytime when its of age but I know I will not be able to make things work with the other two involved in my current financial postion. Could a affadavit be signed or should I let this slide? I do not intend on coming back to this state.
Expert:  Brandon M. replied 4 years ago.

If you moved to California, South Carolina would lose jurisdiction over you. She could bring an action in California, if she could find you.

 

If you are the parent, you would have parental rights, which would include visitation. Basically, if you make a kid, there are both rights and responsibilities that come with that. You would be responsible for child support if she initiated a court-ordered DNA test that identified you as the father (provided the test is conducted in the first two years of the child's life), but the husband would not be the child's father, nor would he be treated as such by the courts.

 

Until the baby is born, there is nothing that can be signed disposing of a person's potential parentage.

 

 

Customer: replied 4 years ago.
What happens if the dna test is past the two years? Thank you for your quick response I will definately be accepting your answer and paying up.
Expert:  Brandon M. replied 4 years ago.

California treats the DNA testing a bit differently. In CA, the cutoff for a DNA test is 2 years from the child's birth; after that, husband would be the legal father, period. Most other states go by how the switch in parental rights would affect the child without establishing a firm cut-off date.

Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience: Attorney experienced in all aspects of family law
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Brandon M.
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