QUESTION

What rights would the father have if I let him sign the birth certificate?

Asked on Jul 13th, 2014 on Child Custody - Washington
More details to this question:
I'm almost due to have my baby. He will be born in Washington. The father and I were never married to each other. He very recently ended the relationship so he could see other people. He denied he's the father off and on the entire pregnancy. I'm wondering what rights would he have to our son if I let him sign the birth certificate. Also what rights would he have if I do not let him sign the birth certificate? I don't want him to be able to take my son whenever he wants. I want to know how I would go about ensuring that I am the parent who makes all the decisions about my son and also be able to move back to California when I am able to.
Report Abuse

1 ANSWER

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
Update Your Profile
If he signs the affidavit of paternity, which will put his name on the birth certificate, there will be evidence of his paternity and either one of you is free to file a petition for a parenting plan and child support order. If he doesn't, he can file a parentage action, do a DNA test to prove he's the father and then get a parenting plan and child support order. If you are receiving any public benefits for the child, the state will file a parentage action. Until a parenting plan is signed by the court, he has no right to take the child and you should not give him the child unless you want him involved. Even if you do want him involved, there should be a parenting plan so that it is clear and enforceable who has the child when. There is no assurance if both parents are involved that one parent gets to make all the decisions. If you don't want him involved and there is time to go to CA now, do it and don't give him forwarding information. If you don't do it before legal documents are filed, you have to give him notice of the move and he can object. In other words, if you don't want him involved at all, then stop involving him. However, that means you have to be totally on your own financially, with no public help of any sort and if he's interested enough and can find you, he can always file to establish himself as the legal father. How much time he gets, depends on a long list of criteria, but if he has no major problems (drugs, alcohol etc) he would have exactly the same rights to the child as you do.
Answered on Jul 15th, 2014 at 8:22 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters