Monday, 23 January 2012 17:44

Unwed Fathers Rights

Written by  Matt Allen
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paternity rightsMarriage does not define a father's rights. Unwed fathers have rights, too; they just need to exercise those rights.

Recent news about Utah fathers rights indicated the state has made the process easier for fathers to exercise their rights. This has brought to light the fact that unwed fathers in other states still experience difficulty in protecting their rights. Other steps are required in addition to fathers filing with the state's putative father registry.

Michigan Divorce Lawyer Jill Duffy stresses that the biological father is not presumed when a child is born out of wedlock. A father will not have rights to his child until he establishes that he is, in fact, the biological father.

Utah’s Department of Health have made the paternity proceeding form and instructions on how to file with Utah’s putative father registry available on the website of the Office of Vital Records and Statistics. In Utah, fathers are required to file with the state to ensure that they are notified prior to the adoption of their biological child. This simplification of the filing is a step in the right direction for Utah fathers.

The MensRights.com article "Paternity Struggles" indicates that the best way to establish paternity is to get your name on the birth certificate. If a father does not do so, he has 15 days to establish that he is the biological father. This is done by registering with the putative father registry or starting an action to establish paternity. If he doesn’t, he runs the risk of forfeiting his parental rights if adoption proceedings take place.

In some states, the law requires each parent to sign an Affidavit to Establish Paternity. This affidavit can be filled out and sent in to the Vital Records Office either at the time of birth or shortly thereafter.

If you are a father who was denied the right to fill out such a form on the date your child was born, you should contact your state's Department of Records to obtain information on how to complete the form on your own.

By Tara Brewer

Special to MensRights.com

The divorce lawyers for men at Cordell and Cordell handle many domestic litigation issues, including paternity. Contact the Cordell & Cordell office nearest you or learn more information about paternity laws on DadsDivorce.com.

 

 

Last modified on Friday, 27 January 2012 20:54

5 comments

  • Comment Link Jeff Ward Saturday, 11 August 2012 13:35 posted by Jeff Ward

    My girlfriend of6 years was gone with our daughter when I cam home from work. She is refusing to let me see my daughter. She says I'll have to wait until the courts settle custody. This could take months. My daughter is almost 4 can she do this?

  • Comment Link Korrisha Jones Thursday, 26 July 2012 18:25 posted by Korrisha Jones

    My childs father purposely wrote the wrong Social Security number down while feeling out a paternity affidavit in the hospital. Does that make the birth certificate invalid? Does he have any rights?

  • Comment Link Stan Arney Thursday, 14 June 2012 23:44 posted by Stan Arney

    Q? Why doesn't anyone listen to the stories of Unwed Father's?

    My name is Stan, let me fill you in, on where I come from, my perspective, on Father's Rights.

    In short, I'm an Unwed Biological Father (UBF), whose Unwed Biological Mother (UBM)
    of our daughter, "took the daughter and ran".

    Our daughter was born in February, 2000, and we "broke up" (her idea, not mine) in February, 2001.

    [Note: We never went to Court, to establish my paternity, nor Child Support, Child Custody, nor
    Child Visitation, etc.]

    The last time I actually saw our daughter, was October 2001.
    We were living in Adrian, Michigan, at the time, though our daughter was born in Toledo, Ohio.

    Unfortunate circumstances (losing my job & therefore apartment) caused me to make a heartfelt
    decision, live on the street (with my 14 year old son, from a previous marriage) or move back to
    Kansas (where my family lives) to "get back on my feet, financially". Well, I chose to go back to KS,
    with the full intention of returning to live near our daughter.

    I will skip further details, at this point in time.

    Needless to say, our daughter's UBM, had no further contact with me, even though she knew my
    postal address, email address, and phone number. (I wrote postal mail letters, emails, and called,
    calls were never answered or returned, emails were never replied to, and postal mail was never
    responded to)

    In July, 2002, I realized something was wrong, when one of my letters, to our daughter, was returned,
    "Return to Sender, forwarding address unknown", so I panicked.

    I called the Adrian Police, and asked them to do a "welfare check", on our daughter.
    There response was, our daughter and her UBM, had moved and left the state.

    So, I tried the "Missing and Exploited Children", they told me, without a Court decree, they
    couldn't help me, even though my child was missing.

    I tried my local Police Dept., in Wichita, KS, they told me, that since our daughter was never a
    resident of Wichita, KS, they couldn't help me, either.

    So, I have been searching for the whereabouts of our daughter and her UBM, ever since.

    I will skip further details, at this point in time.


    In 2011, I learned, through the Internet, that our daughter's UBM, has remarried.
    [Note: She had been previously married, for 18 years, and divorced, for 3 years, when we met.]

    She was remarried, to a man from Gary, Indiana, in 2005, most likely in Gary, Indiana.

    It was suggested, that I apply for a replacement Social Security Card, to see if our daughter,
    still had my last name.

    [Note: My name is listed as her Father, on her official Birth Certificate, and on her hospital,
    from Toledo, Ohio, Birth Record. Also, in Ohio, when there are Unwed Parents of a child,
    they have a Law that requires the parents to sign a Paternity Affidavit, stating who the Biological
    Father is, by their signatures, they are agreeing, the person noted is the Biological Father, that
    person, is listed as, myself.]

    So, I filled out an application, and took it to the SSA (Social Security Administration) office.
    The SSA Representative told me, she couldn't accept my application, because the current name,
    of the child, they had on file, was NOT the name I was providing! The SSA Representative told
    me, that if I could provide her Birth Certificate, with her current name, and my name listed as the
    Father, then she could fulfill my request. I told her, I had our daughter's Birth Certificate,
    Hospital Birth Record, and Paternity Affidavit, with me. She told me, that unless they showed
    our daughter's current name (they have on file), it didn't matter.

    Well, since I had found out, that our daughter's UBM had remarried in 2005, and I had the man's
    name, I asked the SSA Representative, if I gave her a current last name, for our daughter, could
    she, at least, tell me if it was our daughter's current last name? She went to check, and when she
    returned she told me she couldn't, by Law. I asked her, if she could confirm or deny, that the last
    name I believed it was, was it, and again she said she couldn't, by Law.

    This did however prove one thing, our daughter has now been adopted, by another man.

    Our daughter's UBM, has known my current address, phone number, and email address, all this time,
    yet she couldn't even give me a "heads up", on the adoption, knowing I'm 900 miles away, with little
    possibility of hiring a local attorney, etc.

    This is the backdrop, of my situation, with Father's Rights, and more specifically,
    Unwed Biological Fathers Rights.

    After I realized our daughter and her UBM had moved, back in 2002, I looked for support groups
    and Fathers Rights groups, for help.

    I found a website called SPARC, and they had a lot of information, and seem to be a good group.
    When I told them, I was thinking about creating my own, Father's Rights Group (F.R.G.), I was severely
    discouraged, they basically told me, there are enough Father's Rights Groups out there doing a good job,
    so there is no need, to start yet another one.

    Well, I prayed on it, and decided that if these other F.R.G. were not getting anything done, then I would
    create my own. So, without any previous experience, I did just that. I thought up a name, mission, the works.
    I even purchased the domain name for the organization. Well, all the want in the World doesn't matter if you
    can't get anyone's attention, so I never truly got it off the ground. I put the idea on the "back burner".

    Leap forward, in time, to 2011.

    After I realized, our daughter has been adopted by another man, and I probably shall never see her again,
    I decided to, again, look for F.R.G., for support and to try to make a difference.

    I again, found SPARC, and asked them the same Q?, what did they think if I started my own F.R.G. that
    would help UBF, like myself, and get the Laws changed, etc. Yet again, I was severely discouraged,
    with basically the same reasons. There are enough F.R.G. out there, and some very good ones, so why
    don't I look into them, join one, and get involved, in that manner.

    Mind you, I still have thought strongly about starting my own, F.R.G., after all, I still have all the information
    I had before, to re-start the one, I already had in mind.

    I can tell you, honestly, as I have researched F.R.G., they are mostly concerned with Laws surrounding
    parents, that were once married, now divorced, with custody, visitation, and support, their main "issues".
    I don't see enough being attempted, for UBF's like myself.

    Yes, it's true, it's my fault, that I never went before the Court, to officially name me, as our daughter's Father
    (the Court's sole purpose for this, is to establish Child Support (with Custody and Visitation, not a concern).
    This is something, I shall regret, for the rest of my Life.

    Yes, it's true, I left the State, where our daughter and her UBM were living, at the time.
    Even though, the reasons I stated above, were the cause. I can honestly say, even though there was no
    official Court order, I did attempt to send support (money), via certified letter, to our daughter's UBM.
    All letters were returned to me, "refused". So, I'm not a "deadbeat dad".

    It's probably, too late, for me, and odds are I may never see our daughter again.

    However, it doesn't mean, that I cannot work towards preventing this happening to another UBF,
    in the future!

    [Note: I have put aside, for now, my thoughts on creating my own NPO, F.R.G.]

    I'm medically retired, at 50, due to having MS (Multiple Sclerosis), and my wife and I, both live on
    SSD (Social Security Disability), so I don't have anything, financially, to offer.

    I simply want to get my "story" out there, as a warning for other Unwed Father's, so perhaps, they will not have to
    go through the daily agony, that I do.

    Thank you for your time, consideration, and cooperation, I truly appreciate it.

  • Comment Link Mara Tuesday, 07 February 2012 03:21 posted by Mara

    My father never knew that he impregnated my mother. He left the area before she knew and could tell him.

    The State of California bastardized me in order to sell me in the adoption market. My birth certificate was sealed forever and amended. I'm 42 years old and still cannot find my father. He's not looking for me because he doesn't know I exist.

    This is the reality of adoption in this country. It isn't the rainbow and butterflies cr*p that gets shoved down our throats in government-sponsored commercials.

    Adoption is a 6 billion dollar/year unregulated industry that profits from the sale and redistribution of children. It's sick.

  • Comment Link Angela Lane Thursday, 26 January 2012 00:18 posted by Angela Lane

    My family is very low income. How much do you charge?

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