QUESTION
How do I get parental rights of my daughter?
Asked on Aug 03rd, 2011 on Child Custody - Tennessee
More details to this question:
I was never told about my daughter until she was 5. Her mother is now married and was at the time of her birth. I want to be in her life and went so far as to have a DNA test done confirming I am her father. What steps can I or do I need to take to get her recognized as my daughter and have my rights recognized?
17 ANSWERS
Roianne Houlton Conner
If the mother is still married to the same man she was married to at the time of the birth of the daughter, he is presumed the father. If he does not agree to having you recognized as the father then it will not happen.
Answered on Aug 08th, 2011 at 5:16 AM
You will need to start a paternity action. Given the situation - her being married, it will get complicated. You should work with an attorney.
Answered on Aug 05th, 2011 at 11:00 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You need to start a paternity action.
Answered on Aug 05th, 2011 at 5:52 AM
After five years, it probably won't be easy. However, the first thing you are going to have to do is to bring a paternity action through the court system. Once paternity is established, and you are declared to be the father, then, the second part of the case starts, having the court create a parenting plan.
Answered on Aug 04th, 2011 at 6:14 AM
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You need to file a Paternity action. This will start the process. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 04th, 2011 at 5:08 AM
You have to petition the court for a DNA if she is not willing to voluntarily do so.
Answered on Aug 03rd, 2011 at 2:59 PM
Employment & Labor Attorney serving Oregon, OH
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Rice & Co.
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You will need to file in the Juvenile Court in the county where your daughter lives in order to obtain a visitation award. (A child support award will likely be made as well, if it has not already.) A court will ordinarily award a parent some kind of visitation unless there is clear evidence showing that the parent poses a substantial risk to the child.
Answered on Aug 03rd, 2011 at 2:15 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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This is not as easy or as straightforward as it sounds. The husband of your child's mother is considered the putative father by the court as the child was a product of the marriage. This is a rebuttable presumption, but you will have to go to court and likely to trial to prove that the child is yours and that it is in the best interest of the child for your to see her. I assume you have spoken to the child's mother and she has said that she will not share. Thus your only option is to find a lawyer who will fight for your rights. Good luck.
Answered on Aug 03rd, 2011 at 2:15 PM
Bankruptcy & Debt Attorney serving San Diego, CA
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Jackie Robert Geller Attorney at Law
You need to file a petition for custody and visitation and/or a paternity action.
Answered on Aug 03rd, 2011 at 2:09 PM
Glen Edward Ashman
If she was married at the time of birth, her husband is the legal parent regardless of any testing, and courts will not, to quote old English law, "bastardize" a legitimate child in most cases. So unless you have the cooperation of her husband and her, you likely will fail. With their cooperation, and a good lawyer, you may be able to get visitation and pay support and be recognized.
Answered on Aug 03rd, 2011 at 1:51 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to file a paternity case to have your legal status determined based on the DNA testing. As part of that case, the Court will establish your child support obligations and can adopt a Parenting Plan that will allocate parental responsibilities, including parenting time schedules. All decisions reflected in the Parenting Plan will be based on the child's best interest, taking into account you constitutional rights as a parent. You can expect that your access will, initially, be limited and subject to reasonable limitations designed to allow you to establish a safe relationship with the child due to the fact that you are a complete stranger to her.
Answered on Aug 03rd, 2011 at 1:46 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You must file a filiation (paternity) and custody and parenting time petition with the court.
Answered on Aug 03rd, 2011 at 1:42 PM
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You must file a filiation suit against the mother and naming the child in order to establish your rights to custody or visitation. You should also file an affidavit with the Louisiana Putative Father Registry, acknowledging the child, as well as an affidavit of acknowledgement with the local clerk of court's office where you live. You may not be able to divest the legal father of rights; Louisiana acknowledges two fathers for a child in these cases. You should consult an attorney and begin immediately because your rights are time-sensitive.
Answered on Aug 03rd, 2011 at 1:42 PM
Gary Moore
You would have to bring an action in the Family Part fo custody/visitation based upon her being your childd.
Answered on Aug 03rd, 2011 at 1:13 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law you would need to bring a paternity action to have yourself legally established as the father of the child (the mother's husband is the presumed father since they were married when the child was born). Then as part of the process you could request a parenting plan determining your time/involvement with the child.
Answered on Aug 03rd, 2011 at 1:13 PM
William C. Gosnell
hire a family lawyer immediately. Tennessee law is that a child born during the marriage is presumed to be the husband's child. However, you have proof that overcomes the presumption. It's a long process but it can be successfully concluded. Does her husband know any about this?
Answered on Aug 03rd, 2011 at 1:11 PM
Patricia C. Van Haren
If your daughter's mother was married at the time of her birth, you are not considered to be the father. There is a conclusive presumption that the husband of a married woman is the natural father of the child. The only two people that can contest this presumption are the mother of the child and her husband and they must contest the paternity within the first two years of the child's life. Without the consent of the mother and her husband, you have no rights to the child and in the State of California, you are not recognized as the biological father.
Answered on Aug 03rd, 2011 at 1:11 PM