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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28364
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My fianc�e is carrying our baby, she is nearly 5 months

Customer Question

my fianc�e is carrying our baby, she is nearly 5 months along and she is a 17 year old. I am 19 and we are trying to stay together and raise the bay in a family setting, she is going to try and get emancipated because her father is emotionally abusive, her father is making it near impossible and has told her that he is going to have his attorney serve me papers telling me to sign over all my rights to the baby. I want to know if I can petition for a paternity test so that the moment the baby is born I can be established as the father so her and I can keep our rights protected and he has no leg to stand on. can the state of Oregon send out those papers prior to the baby being born?
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.

Good morning. I certainly understand the situation and your concern. Her father has no legal right to remove and take away and/or force you to sign away your rights, as the father. Only a Judge can decide to take those rights away and there needs to be a legal basis to support it, as a result of something which you do. As such, he is likely trying to scare you and shake you up. Once the baby is born, you can certainly be added as the father on the birth certificate and if at that time you desire ( since the baby does need to actually be born), you could establish paternity, if it is an issue. Typically, this would be done if the mother does not allow you to see the child and you break up or if she wants child support and you contest it.

Expert:  FamilyAnswer replied 2 years ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!