What are the rights of an unmarried father regarding a new baby?
Question Details:
Our daughter had baby with her boyfriend. They will probably break up. Bad relationship that should have ended long ago. Baby was born 12 weeks early and is in hospital. If they break up now can she stop him from seeing the baby? The baby does not have his last name; he has ours. However, the boyfriend is listed as father on birth certificate. We don't even care if he pays support. We would prefer he just sign off on baby and disappear. Neither the baby or her need this kind of drama in their lives right now and most especially not at the hospital. The boyfriend is threatening her about the baby,
I hope that your grandchild is doing well. It does sound like a very traumatic and stressful timr for everyone.
I do not understand why an attorney who is not licensed in Indiana would give you advice. Although states have similar laws, they are not identical. In Indiana, a father cannot just voluntarily give up his rights unless there is a CHINS case or an adoption.
The fact that the child has your name, means absolutely nothing. Similarly, the fact that he is on the birth certificate is not necessarily controlling as to whether he is the father. You did not indicate whether he signed a paternity affidavit, if he did, he is the legal father and he is entitled to see his child. If he did not sign the affidavit, he can petition the court to establish paternity and not only can he seek parenting time, he can also seek custody. The Indiana Parenting Time Guidelines can be downloaded at www.in.gov/judiciary and provides for the suggested minimum for visitation, subject to deviation for special circumstances such as medical in this case and also due to the threats, if those threats are such as to put the child in jeapordy.
Regarding support, your daughter has no right to refuse child support. Technically, it is not her child support, rather, she is the custodian of that money for the benefit of her child. As a custodian, she owes the child a fiduciary duty and refusing child support is a violation of that duty.
You should contact a lawyer locally to discuss the details of your situation.
What you want is for the Father to terminate his parental rights voluntarily. Unfortunately, if he does not want to you may have a fight on your hands. Courts favor both parents in a child's life absent certain circumstances like abandonment, etc., that vary state to state. The Father has the same rights to custody and visitation and the same obligations for supporting the child as your daughter.
Custody and visitation is decided on the best interest of the child. Seek legal help in your area as to establishing the rights and obligations of both the parents as soon as possible so that there are no more threats. Good luck.
