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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Our baby is due any day now. I am the father and we are

Customer Question

Our baby is due any day now. I am the father and we are still together but she lives with her parents and they want her to sign a legal paper with an attorney saying if anything happens to her that would get the child. What rights do I have in this and what can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

You will only have standing as the Father once the child is born and you are placed on the birth certificate. So you want to be sure that happens. Sign an acknowledgement of Paternity at the hospital when the child is born and get on the Birth Certificate.

Once you are on the BC then you will have the automatic right to the child if something should happen to the Mother. If she signs such a statement and you are on the birth certificate it is insignificant as you are the Father and unless they can show that you are unfit then the child will grow with you.

If she signs the statement and you are not placed on the BC because she does not want to allow you to sign an acknowledgement and be on the BC then you would need to Petition the Court for a Paternity test and coming back positive the statement would be null and void having no affect because you are the biological Father and have priority.

So you want to be sure you are placed on the BC when the child is born.

Please let me know here if you have other questions or need clarification. Otherwise a positive rating ensures I get credit for my time and information in this regard.