Paternal Rights?

Ecat504 · April 2014

Hey there ladies. First I would like to apologize for being MIA the last week, or two, or three. Things have been hectic, and I'm trying to get back into my bumping groove.

Any way, I'm wondering if anyone knows anything about Louisiana states paternal rights, or where's the best place(s) I can find this information. My BD refuses to acknowledge our daughter is his, which is fine I don't want his child support, money, or anything from him. But I was wondering what are his rights and how would he lose them. I know if he goes two years without visitation or communication he loses his rights to her but what are other circumstances? Like, he isn't signing her birth certificate nor will he consent to a DNA test (which again, is fine by me) but does he still get rights to her if he isn't doing any of these things, or would I have to ask him to sign his rights over?

Sorry if this is a stupid question, but I'm so uneducated about this topic, and I've been researching but I can't really find anything to answer my questions specifically.

Thanks all.

GlitterMuffin914 · April 2014

I'm so sorry to hear you are going through all of this! I don't have any answers for you about LA state law specifically, but I would urge you to check out your local bump board for recs, if they are active. I believe here in CA if a father isn't listed on the birth certificate and won't go through paternity testing for proof of paternity, he has no rights until he does that test. Not sure about time limits or signing away rights or anything like that, and clearly, I don't know about how things work in LA.

Also, try getting in touch with a family rights advocate for help. I'm sure they'd be able to offer guidance.

Ecat504 · April 2014

@GlitterMuffin914 Thank you!

Ecat504 · April 2014

MrsSparklebottom said:

You need a lawyer. I'd also like to add that child support money is for your daughter. Obviously it's your choice, but you'd be doing your daughter a favor by collecting child support for her. Even if you just put it in a college fund. This will probably be a UO but I don't care.

I realize it's for her benefit to collect it, and I agree with you given most situations. But this is a little different and I'm not really comfortable going too in depth with it. But I don't think it's a UO like I said, I agree with you. Thank you for your response!

Ecat504 · April 2014

MrsSparklebottom said:

Ecat504 said:

MrsSparklebottom said:

You need a lawyer. I'd also like to add that child support money is for your daughter. Obviously it's your choice, but you'd be doing your daughter a favor by collecting child support for her. Even if you just put it in a college fund. This will probably be a UO but I don't care.

I realize it's for her benefit to collect it, and I agree with you given most situations. But this is a little different and I'm not really comfortable going too in depth with it. But I don't think it's a UO like I said, I agree with you. Thank you for your response!

Point taken. Most of the time when I hear this line it's from moms who just want to be rid of the guy without thinking about their child's benefit. I completely understand that there may be extenuating circumstances. Hoping the best for you.

I understand, I'm by no means trying to be petty and get rid of him. Thank you for your answer and wishes.

bumpuser10199668 · April 2014

Why not just have him sign a piece of paper voluntarily terminating his rights? Then he would know that his hands are clean of the entire situation and there won't be any questions down the road.

Ecat504 · April 2014

@Carmstr4 I've thought about that but I read somewhere that Louisiana won't terminate rights because the parents agree what's best, so I'll have to ask a lawyer about that when I find one. But like I said, I'm completely uneducated on this and could be absolutely wrong

MrsLaLaBug · April 2014

@Ecat504 what parish do you live in? (you will eventually need a lawyer, FYI)

Ecat504 · April 2014

@MrsG914 thank you so much for the Legal Aid directory! And for your thoughts!

@MaggieG82 thank you so much!

@MrsLaLaBug I'm in JP but he is in Baton Rouge.

@Chunkymonkeylvr thank you!

MrsLaLaBug · April 2014

maybe try calling the DA's office for your parish and see if they have a child advocacy division or something like that? That's all I got - In our parish that's who you call to get info about it, other than getting a lawyer to do it for you. Good luck honey!

chusum · April 2014

I'm not a lawyer, and I don't play one on TV, but I'm going to go on the assumption that since a person isn't coming out of his body unless he takes a paternity test or signs the birth certificate he has no legal rights to the child. Now if he comes back and suddenly wants to be involved then he can take a paternity test, but until then there is zero proof he is the father of your child. Anyone can claim to be a biological parent, but without proof of it their claims are just words. Your proof is very obvious whereas a father's proof requires something more.

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