How Do I Obtain Parental Rights Over My Son?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

My son is going to be 2 on the 29th of May of 2015 and I have had him since he was 2-weeks-old. I’m his father, but how do I get my name on his birth certificate without legal help or a paternity test, and do I have any rights if obtaining his birth certificate without her knowing about it since she basically dumped him on me at 2 weeks old?

You can file a petition to request parental rights. The court may likely make you prove paternity (DNA test) to see if the child is biologically yours. Once you establish paternity, you will have to file a petition for custody. The court can grant you temporary custody throughout the duration of the legal proceedings. However, you should consult with an attorney to find out if your child may be placed with foster parents in the event a legal barrier prevents you from physically keeping him throughout this process. An attorney can provide you with legal guidance to prevent this from occuring.