Young lady got pregnant buy my son during their relationship which later started to go sour and they separated. She started off informing him of the pregnancy's progression and then stopped communicating with him, deleted him on her social media, changed her phone, etc. My son has received anonymous messages from other males regarding alleged deception to the paternity of the child. The baby is due to be born within approx 2 weeks. He wants to know one way or another so that he can do the appropriate thing.
He has to wait til the child is born. Then, see if his name is on the birth certificate; and then seek a paternity test.
If he believes that he is the father and his name is not on the birth certificate then the moment the child is born he would file for paternity and request for custody/visitation. If he is on the birth certificate, but is uncertain if he is father, he can still file a request for paternity and at the same time request for custody/visitation if the test results come back that he is the father. Either way he cannot file this action until the child is born.
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The father must wait until the baby is born and then he can file for paternity, custody and parenting time. If he is the father, then the court will move the case along to consider the issues of custody and parenting time. If he is not the father, then those issues will be dismissed. He and you can consult with an experienced custody attorney for legal advice tailored to the specific facts of your son's situation. Make sure your son has the legal advice he needs before moving forward to avoid making any serious mistakes.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. You have not provided me with all the facts in a consultation, therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
You have been given sound advice that I will not repeat. I note only this. If he files a paternity case, be certain to ask for comprehensive visitation at the time of filing. If you do not, you will not get any visitation she does not want to give you until you go to the time and expense of filing another complaint just to get visitation. And, if it turns out that he is not the biological father, the Court will not award him any visitation at all. This is a matter best considered under the applicable State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the AVVO website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. Once you are comfortable with he or she, hire them to represent you. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Or, if I really hit a home run, write a positive Review. That is the only payment we receive for these answers. Good luck!
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and unless this is a Maryland case, I am not licensed to practice law in your State. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should not rely on this information to make decisions. I urge you instead to consult with a local attorney.
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