Recognition of Parentage
Is it possible for a father remove his name from recognition of parentage?It is possible for the father to revoke the recognition of parentage within sixty days after both parents sign the form. In order to revoke the recognition of parentage, the mother or father will need to sign a written revocation in front of a legal representative and file it with the state. If the sixty days have passed after signing the recognition of parentage, an action must be filed with the court in order to resign from the recognition period.
In the state of Minnesota how can a mother place their child’s fathers name on the birth certificate?There are two ways to go about placing a father’s name con the child’s birth certificate when the parents were not married at the time of birth:
• Recognition of Parentage (ROP); or
• Court Ordered Paternity Adjudication
Recognition of Parentage (ROP)
Completing an ROP form allows the father’s name to be added to the child’s birth certificate. The ROP form can be completed at the hospital when the child is born. The ROP can also be available any time through a country child support office or the Minnesota Department of Human Services. If the ROP form is completed after a birth record has been recognized for the child, they can request a change to the child’s last name on the ROP form.
Court Ordered Paternity Adjudication
Request a court ordered paternity adjudication, they can contact the court administrator’s office in the county in which they live in. To change the birth certificate, the court order must state that the father is the legal father and his name and other information to be added to the birth record. If the child’s last name is changed, the order must also state the change in the child’s last name.
In Wisconsin if still legally married and become pregnant from someone other than their husband, can the divorce still be finalized and do they have to list their husband on the birth certificate?Under the Wisconsin law, if someone becomes pregnant during their marriage, their spouse is assumed to be the father. This does not prevent the mother from still filing for divorce. It also does not prevent the mother from finalizing the divorce. The issues that involve the child would still remain open; this is called a bifurcated proceeding. When the child is born, the husband would have to deny paternity with the biological father filing recognition of parentage of acceptance of parentage.
If never married and no order to legal custody can a mother move out of state with her child, even if the father says no?As a mother’s right, single mother can do anything she wants in order to provide a better life for the child. If the father wants visitation, he will have to go to the court and request visitation rights. Unless there is a court order preventing the mother to move out of state with the child, then the mother can move away with their child. Every mother has their own rights when raising their child if there is no father involved. Contact an Expert to give insight on what a mother’s right is when dealing with custody issues.
When establishing paternity with the biological father, does a man who is not the biological father has rights to custody when marrying the mother?When a man and woman, recognize paternity of the child the man becomes the child’s legal father. Marrying someone else after the establishment of paternity does not change that. However, if a different man is actually the biological father, he could then file paternity action to test paternity and then have him recognized as the father; this would require a DNA test.
In order to be recognized as the legal father, an order must be entered in judgment. This does not always mean that there needs to be a court proceeding. A father may sign a “Recognition of Parentage” which will create a belief that the signing person is actually the child’s father. When dealing with parentage, ask an Expert.