Legal Father
A man who is recognized by law as the male parent of a child. (See also: Putative Father; Paternity; Genetic Testing, DNA testing)
Question: Legal father?? Okay if my baby is born and its not my husband's but we are still married at the time of the birth is he still legally the father? I heard this and I wonder will they make me put his name on the birth certificate? And we are going to get a divorce so if we file before the baby is born does that change things? If we are still married when the baby is born does my husband's insurance= Tricare cover me and the baby? And if my husband is the "legal" father cuz we were married at the time of the birth can I not get child support from the biological father?
Please help as you can see Im so confused!
Answer: you need good legal advice you r divorce lawyer is the one to ask these questions to. People on here are good intentioned, but state laws vary so. our advice is not very helpful.
For instance, here in Texas your husband is the legal father, no matter what the birth certificate says.
Question: Advice needed for a Biological Father who wants to become the Legal father too? My boyfriend's ex fiancee left him while she was pregnant with his child. She married another man while she was pregnant and when the child was born, her husband signed the birth certificate and became the LEGAL father. My boyfriend is the biological father and wants to be the legal father too. What steps should he take? He also wants to fight for custody because his daughter is in an unstable invironment and he owns his own home, has a good job, etc. What rights if any does he have?
Answer: If your man is the bio dad, then HIS NAME belongs on that birth certificate. If any name other than your man's name is on the line where the FATHER'S name belongs, then it's fraud. That has to be cleared up through the courts, as does everything else you're talking about. His rights as a bio-dad who wants to be involved should be substantial enough to warrant a hearing before a judge, at the very least.
Get a family law attorney, and get a good one. You really need a shark dressed in family law attorney clothing ... and do it ASAP.
Question: How do I become the legal father while not biological? Skipping the long story, I'm in a relationship with a girl who is pregnant with another man's child. We both want him out of the child's life as if he wasn't the father. But we fear that he could later in life be the *** that he is and request DNA testing to give him parental rights. Is there any legal protection that we could commit to (either now or later in life) prevent him from reentering the child's life?
Brunswick County, North Carolina
Answer: I think you should consult a lawyer, but since the baby is not born yet, you can be listed as the father and give him your last name on his birth certificate. Legally he would be your son and if the biological father wants any type of visitation or rights he will have to prove in court that the baby is his biological son and pay child support like any other father...
Question: Should American mother have an abortion if she only want a child with no legal father? Should American mother have an abortion if she only want a child with no legal father and not deal with family court, yes or no? The child was not planed, but the father will never know because she never told him. The mother wants to keep her child and want her brother to be a father figure to that child. But some say that if you do not want to deal with the father, you should not use his sperm to create a child. Is that correct?
Answer: abortions should only be okay when theres a problem with the baby health wise and/or the mother.
The women wants to have the baby with no father, than thats her problem. The public has no say otherwise...
Question: Do you know of any children that were born with a sperm donor from a sperm bank and had no legal father? Do you know of any children that were born with a sperm donor from a sperm bank and had no legal father?
How do those children feel toward there mother when they were always told the truth and have a very good mother.
Answer: My family is close friends with another family that have two moms. They have two children from sperm banks
Question: Are adult American women who father is a sperm donor from a sperm bank with no legal father? Are adult American women who father is a sperm donor from a sperm bank with no legal father have a closer relation ship with there mother, than most American women. I mean the were told the truth.
Answer: Not neccessarily. A close relationship with your mother forms early on - the bond. I'm very very close to my children - divorced from their dad early on - but they and I formed that bond from the minute they were born. You might not know your father, but if your mother isn't that close to you from an early age then how could you be closer to your mother?
Question: child with a sperm donor artificial insemination that have no legal father? Are there single mother who have a child with a sperm donor artificial insemination that have no legal father, and have full custody and don’t want to get married?
Are there mothers enjoy being a single mother, who have full custody of there children when father terminated paternal rights and in return get no child support?
Answer: obviously if woman are still getting artificial inseminated and men are still paid to donate sperm
Question: how would i go about becoming the legal father of my best friends son? so my best friend has a wonderful son by a piece of crap man. we were talking about me becoming his father because i already help take care of him and he sort of looks at me as his dad. but we want to make this legal. would this be considered adoption? what has to happen for me to become legally what i already am to him emotionally?
any advice is greatly appreciated.
thank you!
Answer: Get a lawyer. His Father and mother has to agree.
Question: Is it selfish for a woman to get a daughter using a sperm donor from a sperm bank, and have no legal father? Is it selfish for a woman to get a daughter using a sperm donor from a sperm bank, and have no legal father? She wanted to have a child that she will love very much and be a very good mother. This is the only way a mother can have a child and legal protection that the father can’t exercise his parental rights, and he can never be liable for child support. This way the mother does not need the father’s permission to get a US passport and move out of state and the country.
Answer: Not if she's emotionally, physically, and financially up for the task of single parenthood.
Question: How do I make a boy I raised my legal son/heir and we both enjoy a legal father/son relationship? I raised him since he was 12 and we both want the exact same benefits as biological father/sons. He is 34 and married and has given me 3 Beautiful grandchildren.
Answer: set up a Revocable Living Trust.
Any book by Suzie Orman should be able to give you details.
You can also google it.....
This (simply stated) is a more modern version of a Will and has all of the advantages but not the disadvantage of taxes and the requirment of going through probate court.
With a Revocable Living Trust -upon your death- your property ownership is passed DIRECTLY to him without going through probate court and he DOESN'T have to pay taxes on receiving/inheriting it.
Question: My ex and I would like for him to be the legal father of my daughter. Bio dad signed rights over to me. ? My ex has been helping raise my biological child since she was 8 mo old. Courts gave permission for name change to my ex husband. I am remarried, but my ex is very much my child's only father. How do I give him legal rights to her in a Joint capacity?
The biological father signed over rights to me. I have full custody and he also signed the rights of name change at the same proceedings. But, my ex was on a mission and was not able to attend court and stand to say he would like to adopt the child.
Answer: Your ex has no legal right to your child. A name change does not change paternity.
Bio dad could not legally have signed away his parental rights without your then husband adopting the child. Informal agreements like that are not legally binding.
You cannot give your ex any legal rights to this child without the child's biological father's consent.
Giving you full custody of the child and agree to a name change do not mean that he signed away his parental rights.
In order for a guy's parental rights to be severed, someone else has to adopt the child. The legal premise here is that every child has the right to a father. The bio dad is still the child's legal father.
Question: is he considered the legal father? my friend just had a baby and she wants to know if he signed the birth certificate he is the legal father.
they are not married but she gave the baby his last name and all...He is in the military so she wants the baby on his insurance.
is he considered the legal father if he signed the birth certificate?
Answer: Yes, he is the legal father.
Question: Can I change a 3week old babies last name to her legal father? During my pregnancy her father didnt give me very much hope that'd hed be around for my baby. But he has actually stepped up to the plate and been an amazing father and TONS of help the past few weeks...he was very hurt I didn't give her his last name and now I feel bad and feel like if he continues to step up I'd change it if possible...anybody know if I can and how and if it costs anything?
Answer: yeah i agree that the sooner you do it the better. espically so she isnt confused. i dont think it costs much here in ohio. either 40 or 80 dollars. i know its less than one hundred. might not cost anything for him to sign it and like add him on though. call your countys juvenile court. i think you go through probate court. there will be someone at the county who will be able to give you all the answers though. so yeah, call the juvenile or probate court.
oh yeah
congratulations and good luck to you. i hope he continues to be in her life. =)
Question: becoming a voluntary sperm donor? how to do it without being the legal father? i know a bunch of girls that would love for me to give them children...they told me they would not put me on child support and that they just want a kid blah blah blah...how can i legally say listen..im just a sperm donor, im not the legal father nor do i want to be and nor do i or should i pay child support...i have a feeling they just want to trick me into paying them child support...is there a way to do this?
Answer: There isn't. The courts have usually looked at this situation from this angle. If you go to an agency and donate in a cup, you are not the legal father. However, if you have a sexual relationship with a woman, even if it is just one night, then you are the father. Many states determine legal fatherhood when one puts their name on the birth certificate. However, in matters of child support, the court looks at what is for the good of the child, and they can make you pay child support even if your name is not on the birth certificate but it is determined that you are the biological father.
Even if you get it in writing that you are just donating your sperm and that you are not expected to pay child support, the courts will more than likely overturn that contract because it is not in the best interest of society and the child.
So, if you have the need to be a sperm donor, go through an agency. If you have sex with these women, you are going to end up paying child support......especially when these women realize just how expensive it is to raise a child.
Dena
Question: Does father have legal rights to child if not on birth certificate in Australia? Does father have legal rights to child if not on birth certificate in Western Australia?
Answer: If a DNA test shows you to be the father , you have regular paternal rights.
If you were married to the woman when baby was born the baby is yours no matter what she might say.
Question: if a 15 year old got pregnant by a guy her age but she wanted her 19 year old boyfriend to be the legal father? my friend got pregnant by hew ex who was her age (15). but now she wants her current boyfriend who is 19 years old to be the legal father.
the 15 year old. doesn't want to be the father. he left her.
Answer: If the 19-year-old marries her before the baby is born, he will automatically be the legal father of any children born into the marriage.
Don't hold your breath waiting for him to propose, or her parents to agree.
Anyway, you can't simply designate people to be legal fathers. The biological father has rights (and responsibilities) that can only be terminated by a judge, not by the whim of a 15-year-old girl. Even if she does marry her boyfriend.
Question: My fiance wants to be my sons legal father once we are married. Can he sign his birth certificate? My fiance and I are getting married in December. I have a son and his biological father did not sign his birth certificate and hasn't been in his life since day one and we were never married. The man that I'm marrying in the next few months wants to be my childs Dad and raise him as his own. We want to go through with it all and have him put on the birth certificate and him have our last name. How do we go about doing this?
Answer: No, he cannot. Unless the biological father signs a document giving up all parental rights, you cannot have your child adopted by anyone else.
You must first get a DNA test. Then ask him if he will sign away his rights. This also means you will never get child support. The best way to do this is with a Family Law Attorney. You need to have everything done legally and not skip anything or you can be violating the law yourself.
Question: How can I obtain a UK VISA for my 9 year old son when his legal father is MIA? I need help fast! My husband and I have orders to the UK and were scheduled to fly out this coming Monday! Today we found out that my nine year old son's VISA was being denied because there is no established custody and I can't find him to get him to sign permission.
In 1998 my son's father was arrested and sent to prison for aggravated stalking and battery, he had held my whole family at knife point when I took out a restraining against him for abuse. He was released for good behavior in 2000 and served his probation in Florida, that probation was due to end in 2008. During this custody was never established and now the state of Florida has no record of where this man is, he is not showing in the system and no record of where he may be. He simply vanished into thin air. Now my husband and other children are leaving on orders Monday and I need to know the quickest least expensive way to solve this so that my son and I can join my family in the UK.
Answer: there should be no issues if you are the boys birth mother you have custody unless you have lost custody in a court case then there is nothing you can do
Question: Power of Attorney. Is my Pennsylvania Power of Attorney for my father legal in all states.? Power of Attorney. Is my Pennsylvania Power of Attorney for my father legal in all states. He owns property in Arkansas. Can I use my Pennsylvania power of attorney to conduct his affairs there or do I also need a Power of Attorney for the state of Arkansas?
Answer: Generally, yes. However, in dealing with real property, POA's must generally be executed in conformity with the laws of the state where the property is located -- and usually must contain the legal description of the property, and be executed with the same formality of a deed.
** Note: The above is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
Question: My father lost all of his legal documents in a fire. How to retrieve? My father is from the Dominican Republic. He is not a citizen of the U.S. but he is a legal resident. My father lost his green card, social security card, and birth certificate in a fire. I understand to replace his social security card, he needs his birth certificate. He has his discharge card from the U.S. army stating he served 4 years. That's his only substantial legal document he has. This issue seems so complex. Is there anywhere I can replace this material? I live in New York. Any Dominican Republic councils or embassy that helps people through these complex situations?
Answer: I would do the green card first. To replace his green card he needs to fill out form I-90 and go to his local USCIS Application Support Center (ASC) with a driver's license or photo ID (including passport).
Directions: http://www.uscis.gov/files/form/i-90inst…
Form: http://www.uscis.gov/files/form/i-90.pdf
To replace his social security card, he will need his birth certificate or a valid passport. He will also need a US driver's license or photo ID, and something declaring his resident status in the US. (The green card will probably do.) He should take the completed application to the local social security office.
Application and instructions: http://www.ssa.gov/online/ss-5.pdf
To replace his birth certificate, he should contact the embassy of the Dominican Republic in Washington, D.C., or one of the consulates. The embassy doesn't list what documents would be required to replace a lost birth certificate, but you can contact them by phone or email. The consulate site may give more information, but it's in Spanish, which I do not speak.
Embassy: http://www.domrep.org/index.html
Consulate: http://portal.consuladord-ny.org/index.p…
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