What are an Alleged Father’s Rights if the Mother Leaves the State and Doesn’t Tell Him that She is Pregnant?
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Summary
If a pregnant woman leaves the state and has the baby without telling the alleged father, what are the alleged father’s rights? |
“If a pregnant woman leaves the state and has the baby without telling the alleged father, what are the alleged father’s rights?”
I do not know of any State that would give an alleged father any rights to prevent the termination of a pregnancy or to force termination of a pregnancy. Even if a prenatal paternity action could be filed, that choice would still be left to the mother whether to carry the child to term. A
Mother will be asked at the hospital who is the father, though she might answer “unknown” and that may go down on the birth certificate. There are other laws to establish a presumed father (i.e. she is married). Additionally if mother receives public assistance, the government will want to know who the father is for reimbursement purposes. Additionally, THE CHILD generally will want to know who the father is.
I suppose if mother never asks for support, father never knows about the child, mother is unmarried, mother never receives public assistance, and child is lied to about his parentage, even though father would likely have rights to be involved in child’s life, he would never know about the child or his rights vis a vis that child. However should mother pursue support, expect father to want to have a relationship with the child. In fact, bringing a child into this world is such an important responsibility, and a child’s relationship with two parents is so vital to their development, I would encourage anybody to pursue _THE CHILD’S RIGHTS_ to support, maintenance and kinship with as much vigor as it would take to maintain the shroud of secrecy to isolate an alleged father.
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For more on this subject check out these categories: Family Law, Paternity
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
