Remember Me
forgot your password?

Child Custody Paternity – Unwed Father Establishing Paternity Through the Court or Through the State

Society tells us that we should be responsible people. We should be loving and supporting parents. And of course we should always do the right thing even when it may cost us in some way. So what happens when a single man fathers a child with a married woman? This is certainly a messy situation, but should the same moral tenacity be rewarded? It should but that isn’t the way it plays out.  Based on a true story, a father was told to walk away.

This man had a certified paternity test in hand. Was willing to raise his son and was anxious to support him financially. But the mother preferred to take assistance from the state and deny that he was the father.  His first consultation with an attorney ended with him being told that he simply should give up trying to get custody or visitation with his child because he likely would not get it and he would end up being financially responsible. But he me asked for advice and here is what I told him.

Thank you for not giving up on establishing a relationship with your son. As you know, this will cost you monetarily, but like so many fathers before you, we would gladly give up the money in exchange for our child.

There are two steps you can take to get started.

1: Head down to the welfare office with your documentation. Let them know that your sons mother is collecting assistance from the state and that you are the father and can prove paternity. This should get the wheels in motion. Depending on your state they may send you to the DA to make a statement, they may order another test, or in some other way establish paternity.

2: Head to your county courthouse. You don't need an attorney (they can be helpful but are not absolutely necessary). You need to open a case. Then you need to file a motion asking for joint legal and physical custody. If the state has done the leg work of establishing paternity first, this will be much easier. If the state does not establish paternity (from your discussion at welfare), then you will need to petition the court for a paternity test. Once you establish paternity, then you can go after legal and physical custody (My guess is you are only looking for Joint custody).

As the attorney you spoke to alluded, this will not be easy. But let me assure you it is possible. Your best shot is to educate yourself about how the court processes work. Then put together a plan for yourself.

E Brooks

Do you want to learn more about high conflict child custody resolution? Receive my brand new series Child Custody Court Processes and Case Flow here. If you want to learn more about handling child visitation issues you can find it here. Ed Brooks knows firsthand how painful a High Conflict Child Custody battle can be and has created a site where parents can get advice on how to handle all aspects of a high conflict Child Custody battle.

Rate this Article: 0 / 5 stars - 0 vote(s)
Print Email Re-Publish

Add new Comment



Captcha

  • Latest Divorce Articles
  • More from E Brooks

How To Stop A Divorce tips

By: Jason | 20/12/2009
How To Stop A Divorce tips Are you worried that you might not be able to find ways how to stop a divorce? If you're like most people, you would have tried everything you can think of in an effort to keep your relationship and stop it from falling apart.

A Woman’s Torment: Getting Ready & Leaving Abusive Relationship

By: Emeka Ezidiegwu | 19/12/2009
Sometimes it’s not only men that have the subliminal hopes of playing a hero. Women, too, are compelled to make sacrificial decisions especially if the matter involved is saving a relationship. Even if it would mean, letting a man belittle her, even to the extent of demining her worth by often making her life miserable. Sadly enough, the torment is usually cut both ways for the women.

Tiger will get broken marriage

By: kitty | 19/12/2009
We thought Elin would forgive Tiger’s infidelity,but we are all wrong. Elin had called a top divorce lawyer and will ditch NO 1 golfer. We are shocked at the news.

Divorce will happen between Tiger and Elin

By: kitty | 19/12/2009
It was said that Elin Nordegren will ditch Tiger after Christmas because of two children. Now it emerged a woman who claims to have his love child wants £1.5million for her silence. Teresa Rogers, 48, had a daughter in 2003 after a fling with the golfer,which may accelerate Elin’s step.

Is A Peaceful Divorce Truly Possible When Two Spouses Break Up?

By: Monica Fenster | 19/12/2009
Knowing when to divorce is just the start of the path to the peaceful and agreeable marital dissolution. What else can the divorcing spouses do to ensure a divorce without war?

Getting a Divorce in Tulsa? Here's How to Prepare for Your Divorce

By: Tracey Dunn | 18/12/2009
If you live in Tulsa County and are considering getting a divorce, there are a few things that you must consider... in order for you to make sure that the divorce proceedings get off without a hitch.

How To Save A Marriage - Saving A Relationship Or Marriage, First Requires A Change

By: Lucy P. Dye | 18/12/2009
Marriage seperation is not a pleasant feeling. I know, I have been there. When Allen decided we were not going to make it, and that we needed to spend some time apart, I was devastated. First, the visits stopped, then all the talking was communicated by his parents. I figured a marriage counselor was our only hope.

Divorce Is Extremely Stressful - 4 Steps To Prevent Divorce

By: Wesley Beck | 18/12/2009
It is never to late to prevent a divorce! Divorce is all to common , today more than 50% of manages will end in divorce and it is the most stressful situation we can go through.

Child Custody – What you Need to Know About How to Present Yourself and Your Case to the Court

By: E Brooks | 27/07/2009 | Divorce
The family court system has a reputation of disappointing people who think that the system is corrupt. It has also been associated with people who think that men have no rights. But the one thing that has never been in dispute is it always nerve wracking when you are planning to go before the court and plead your case.

Child Custody – How to Get What You Want From Your Court Hearings

By: E Brooks | 18/07/2009 | Dating
When it comes to family court there is nothing more written about than people who think that the family court legal system is corrupt, antiquated, complicated, or somehow a system that fails the people in it. Despite these views it is the system you are forced to work with when resolving child custody issues. But if so many people are so disappointed in the system can you really expect the system to give you what you need? The answer is that you can if you know how the system works and know how

Child Custody Court Hearings – What to Expect at Your First Custody Hearing

By: E Brooks | 18/07/2009 | Divorce
Nothing puts a knot in the pit of your stomach in quite the way the way that going to a custody hearing at family court does. One of the most frequent questions I see is “What should I expect?”. Well if you haven’t been there or your last experience was bad, then you will want to spend some time educating yourself about what happens and how you should both prepare and act.

Child Custody Fathers Rights – Are Fathers Really at a Disadvantage in the Family Court System?

By: E Brooks | 12/07/2009 | Divorce
There are numerous articles, websites, and organizations that are dedicated to fighting for fathers rights. The common knowledge seems to be that father face an uphill battle and that mothers will always do better in family court than fathers. But are these based on truths or perception, or could something else be going on here?

Child Custody Paternity – Unwed Father Establishing Paternity Through the Court or Through the State

By: E Brooks | 01/07/2009 | Divorce
Society tells us that we should be responsible people. We should be loving and supporting parents. And of course we should always do the right thing even when it may cost us in some way. So what happens when a single man fathers a child with a married woman? This is certainly a messy situation, but should the same moral tenacity be rewarded? It should but that isn’t the way it plays out. Based on a true story, a father was told to walk away.

Child Custody Evaluations – I do not Like the Evaluators Report, What Can I do About it Now?

By: E Brooks | 01/07/2009 | Divorce
If you have come far enough in the court process to have had an evaluator finish and publish a report, you know that you are getting near the end and that if this doesn’t go well, you will end up having to live with the consequences a very long time. But what can you do about a report that you believe is biased, or that missed the mark on several key issues?

Child Custody False Allegations – Two Tools You Can Use to Defend Against This Very Personal Attack

By: E Brooks | 26/06/2009 | Divorce
There is nothing that is more surprising or hurtful than the bitter sting of a personal attack. And no attack is more personal than being falsely accused of something that involves your child. Whether it is an accusation of directly harming the child like a physical assault, or mental abuse, or if it is an accusation in an attempt to keep you from seeing your child like drug, or alcohol abuse it is all very personal.

Child Custody Visitation Exchange – How do You Document to the Court That Exchanges Do Not Work?

By: E Brooks | 21/06/2009 | Divorce
I have recently been reminded of how difficult a seemingly simple exchange of the child can be. I heard yet another horror story of how one parent made a huge problem over nothing. The questions are, can you stop it, can you prove it is a problem, can you ask the court to help stop it? It all comes down to documentation.

Submit Your Articles Free: Signup
Article Categories




Use of this web site constitutes acceptance of the Terms Of Use and Privacy Policy | User published content is licensed under a Creative Commons License.
Copyright © 2005-2008 Free Articles by ArticlesBase.com, All rights reserved. (0.40, 1, w3)