I get to see my 1 month old on my days off work, I live 1.5 hours away. The mother doesn't want me to have legal rights but I want to be established as the father. She will not sign an affidavit. Once she finds out I'm proceeding with paternity she will not let me see my daughter until it's court ordered. I would like to establish my rights and not be kept away from her for months during the legal process. I give her money weekly and help out a lot. I do not want her to get married some day and they adopt my daughter and I also don't want to pay back child support for the times I've been helping if it were to go on for an extended amount of time and I believe she would stop my visits if she feels I didn't do something she desired.
Workers' Compensation Lawyer
You will need to file a paternity action in order to establish your rights. I would ask the judge to order that visitation continue until the DNA results are back. Once paternity is established she could not forbid you to have time with your child.
Civil Rights Attorney
I agree and would add, as regards to your concerns about adoption-that's why you need to establish paternity. Once you establish paternity, shd cannot just have the child adopted. You, as the established father would have to be put on notice, and have the opportunity to object. For that reason, absent real unusual circumstances, children are not adopted to another family when an active, established parent contests the adoption. As regards to her stopping visitation, she can't do that once paternity is estsblished, or she risks being found in contempt. She is actually in a better position to withhold parenting time now. As regards to your concerns of child support, never pay cash. Although its discretionary, typically child support is set from the date of the paternity petition, although there are some exceptions. Just be sure to document what you do provide to her now. Best wishes to you.
No attorney client relationship has been established by this response. This information is based only on the facts and details provided in the question and is more of a general explanation or citation to the applicable law, or portions of the applicable law concerning your case. You should still contact a lawyer to review your case in detail, as well as any and all legal documents in your case, and to obtain specific advice based on your situation. You should not post private information in your question. I am only licensed to practice in Indiana and any information I post that involves another state should not be construed as practicing law in that state. Please be advised that if you would like to formally retain me, or our law firm, you must sign a formal retention agreement and adhere to the terms of representation in order for an attorney/client relationship to be formed between us. Please be sure to rate the best answer, or mark your answer as helpful, if you believe the information posted was helpful to you.
Family Law Attorney
I concur with the previous two answers. Unfortunately, this process does take a little time. You do have the ability to request the a temporary visitation schedule be set while the DNA results are pending. This is also a process you can start on your own. Finally, as stated above, be sure to have some type of paper trail for your child support payments. Write checks and write "child support" in the memo line is an example of the paper trail I am discussing.
I do wish you all the best in getting things situated between you and your daughter.
The materials contained herein are intended solely for the intended recipient(s) thereof. Use of any information herein by anyone other than the intended recipient or redistributing of these materials is strictly prohibited as they are confidential in nature. If you have received this message in error please notify the sender immediately and destroy all electronic or other copies of the same. The answers to your question is addressed based on experience in your particular area and minimal information surrounding your case. You should contact an attorney for advice on specific legal problems.