Parental Rights

[hello209vg]

I am unaware of custody rights with presumed daughter. Daughter resides in the state of Arizona with grandparents whom claim that I have no parental rights. First paternity test was proven to be positive; however the grandparents are claiming that the results were falsified by the mother of my daughter. Do I need to re-submit a paternity test? And what legal actions can be done to this matter? And how do I gain partial custody if I live in California?

 

[Proserpina]

File a paternity action in court. They will make sure the DNA test is done properly and with the correct chain of custody.


Quick question: How old is the child, and where is Mom?

 

[Betty3]

This needs to be handled through the court system. As Proserpina asked, why is the child not with the Mother? (& how old is the child) Thanks.

 

[hello209vg]

File a paternity action in court. They will make sure the DNA test is done properly and with the correct chain of custody.


Quick question: How old is the child, and where is Mom?

Thank you for your response, the child is eight years old and the mother is currently residing in the state of Nevada. I was in the military for a while and I've attempted to be involved by providing for my child financially outside of the court system. However the mother hasn't been to clear with me and I am let to believe that the grandparents have sole custody without my consent. The mother may have also falsified my absence in my child's life. At this point I'm more than willing to take legal action.

 

[Betty3]

This will have to be handled through the court system. You might want to talk to a lawyer to help you get this settled.

 

[Proserpina]

Thank you for your response, the child is eight years old and the mother is currently residing in the state of Nevada. I was in the military for a while and I've attempted to be involved by providing for my child financially outside of the court system. However the mother hasn't been to clear with me and I am let to believe that the grandparents have sole custody without my consent. The mother may have also falsified my absence in my child's life. At this point I'm more than willing to take legal action.

I think the easiest way to do this is to file a paternity action. With that said could you please clarify one thing? Mom is residing in Nevada..is she residing with the grandprents?

 

[hello209vg]

I think the easiest way to do this is to file a paternity action. With that said could you please clarify one thing? Mom is residing in Nevada..is she residing with the grandprents?

After reading some articles on the web I believe that even if I was to get a paternity action, my name is on my child's birth certificate. I found the following information:
State of California:
IMPORTANT! Once paternity or parentage is established, it can be difficult or impossible to undo — even if DNA/blood tests later show that the father is not the biological parent of the child.
After parentage is established, each parent has:
• An equal responsibility to support the child, and
• An equal right to custody of the child.
Challenging the Declaration of Paternity in court
A Declaration of Paternity may be challenged in court only in the first 2 years after the child's birth:
• By using blood and genetic tests that prove the man is not the biological father; OR
• By the father or mother proving that he or she signed the form because of fraud or because he or she was forced to sign it.

I have no other choice but to seek legal action, it's just a shame that a mother can put their own child through this. The mother is residing in the state of Nevada married and has another child of her own; while my daughter is living in Arizona with the grandparents, (mother's parents).

 

[Proserpina]

OK...I'm confused now.

Your name is on the birth certificate? Given that you're unwed, this cannot happen unless you sign paternity papers too.

This establishes your legal paternity.

 

[Betty3]

Ok, so it seems your name is on the birth certificate so you apparently have legal paternity. You might still want to talk to a lawyer & see about going through the court system to work out custody arrangements.