Legal dad has some rights
POSTED: Tuesday, November 11, 2008
Question: I gave birth last month and am trying to find out whether my ex-boyfriend (who's the father) has any rights to my baby.
When he found out I was pregnant and I wanted to keep the baby, he pretty much left me and kept partying with his friends. Now he's coming around saying that he's got rights to the baby and wants to take the baby away from me. Does he?
Answer: If you and your ex-boyfriend signed the Voluntary Establishment of Paternity form in the birth hospital or at the Department of Health, then paternity has been established. This means that your ex-boyfriend has the same legal rights and obligations to your child as you do. This does not mean he can take your baby away from you. Just like a divorce, you will have to file legal documents with family court to establish who will have custody over your child.
If you did not sign the Voluntary Establishment of Paternity form, then he is not the legal father of the child until paternity is established.
It can be established through the Department of Health if both of you sign the form, or he must file at court to establish paternity, custody and visitation.
Go to www.legalaidhawaii.org for more information or call our intake hot line at 527-8032.