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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7071
Experience:  Experienced Family Law Attorney
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I'm currently pregnant that is due in 8 weeks from now but

Customer Question

I'm currently pregnant that is due in 8 weeks from now but not on good terms with the father of the baby. I have tried several times to reach out to the father of baby but he is unsupportive and in denial of the whole baby situation. Now, I like to travel to other countries from time to time so I would like to bring baby with me in the future without the trouble of needing a permission from the father of baby. So, my question is do I include the baby's father's name on the birth certificate? My other question is if I do decided to file for child support, how do I file if the father of baby is in another state (Illinois) and I am in Washington. Also I do not have his Social Security Number or any current information of him due to him moving around many times. Please advice me what should I do. Thank you in advance for taking the time to read my concerns.
Submitted: 2 months ago.
Category: Family Law
Expert:  LegalGems replied 2 months ago.

Congratulations on your upcoming birth!

Can you verify there was no marital relationship with the biological father? Has any formal DNA testing been done?

Customer: replied 2 months ago.
I have not given birth yet. Not married to the biological father. No DNA testing done.
Expert:  LegalGems replied 2 months ago.

Thank you;

There are prenatal DNA testing available but it requires a court's order so that the alleged father can be compelled to undergo the testing.

In order for the unmarried bio father to have a legal relationship with the child, the father needs to either sign an acknowledgment of paternity, or there needs to be a court determination re: paternity. This is required in order for the child to have the benefits of the father's legal relationship (ie child support, social security, medical insurance etc).

Until there is a paternity order and a correlating child custody/visitation order, only the mother is recognized as the legal parent; this means that the mother has sole custody of the child and need not consult with the father or request permission in regards ***** ***** child.

If one wishes to pursue child support, they would first seek an order of paternity and then a child support order. If paternity is established then the father may make a request for a court order re: custody and visitation, in which case the court will look to see the "best interests of the child" - the factors considered are:

The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
The age and physical and mental condition of each parent;
The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life and the ability to accurately assess and meet the emotional, intellectual and physical needs of the child;
The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers, and extended family members;
The role that each parent has played and will play in the future in the upbringing and care of the child;
The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference;
Any history of family abuse or sexual abuse. If the court finds such a history, the court may disregard the factors in subdivision 6; and
Such other factors as the court deems necessary and proper to the determination.

As for child support the child support division will assist in both establishing and collecting child support (ie wage garnishment, levying of property, interception of tax refund and suspension of license for arrears). The state's agencies will work together to enforce the order, as it is a national public policy concern. Information here:

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 2 months ago.
it is okay to put the biological father's name on the birth certificate?How will the court order establish a paternity order to the biological father if I don't know his informations such as his address especially if he is in another state?
Expert:  LegalGems replied 2 months ago.

The hospital will only put the father's name on the birth certificate if he signs an Acknowledgment of Paternity; otherwise a court order establishing paternity is required.

If one does not know the address then the court will expect a due diligent search-this may mean hiring a private investigator (some are online for low cost) to get an address; then he can be personally served; the courts will work together- for example, WA court can order the paternity test and the Illinois court can enforce it in that state.

Some counties child support services will assist in establishing paternity-you would need to check to see with your local office how extensive the services they offer are.

Expert:  LegalGems replied 2 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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