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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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I am 59, the father of a child to be born later this year.

Customer Question

I am 59, the father of a child to be born later this year. The child's mother (39) is still married and though separated at the time of our being together the mother has returned to her husband. We are still very much in love, but I don't have a living to bring up the child yet, so for security she has returned to her husband (a platonic father figure I think I must add). I would like to know who is repsonsible for the unborn child, decisions about seeing it born, pregnancy termination, etc. I have been asked by her whether I want to take part in bringing up the child, which i have longed for and want to bring up with her. We both know that; this is not an antagonistic situation. When it comes to hospital and nurse visits, registration of the birth, etc., do I have any rights?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
You don't have any rights until paternity has been established, either through DNA testing requested at the court or by signing an affidavit of paternity to legally add your name to the birth certificate. Since you were not married to the mother, she is considered to have sole legal rights. There is also a presumption that her husband is considered the legal father of all children she may have, but this can be challenged through a paternity test.


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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 8 years ago.

 

Thank you. The mother acknowledges me as the father, and everyone knows that including her husband, so I assume I don't need a paternity test? How do I apply for an affidavit of paternity to be signed at the registry, please?

Expert:  Attorney & Mediator replied 8 years ago.
As soon as the child is born, the hospital will ask for information about the father. The hospital will have the forms and both you and mom must sign. This is done when the baby is born. The hospital has this form.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or 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.