I'm a New Mother FAQs
1. I just
gave birth to a baby girl. I'm not married to her father and
I don't want to get married, but I want to protect my daughter.
What should I do?
If the
father agrees, have him sign papers acknowledging paternity of
your baby before she leaves the hospital. If he won't, you'll
have to see a lawyer and prepare papers for a court case.
2. I'll probably
be able to get him to sign the papers in the hospital, but what
if he changes his mind and won't pay any support?
Depending
on the laws of your state, the putative father may have a short
period of time to rescind or take back his voluntary acknowledgment,
but his initial acknowledgment could be used against him in court.
3. What happens
to his child support obligation while we're fighting in court?
Again,
it depends on your state's laws, but you could be entitled to
receive child support on a temporary basis until the court enters
a final judgment of paternity. When the final judgment enters,
you'll also get so-called final orders of support, although in
it's possible to modify or change "final" orders if circumstances
change.
4. Can I make
him submit to DNA testing?
You probably
can, depending on the laws of your state. If your boyfriend acknowledges
paternity and then rescinds, he'll probably be ordered to submit
to testing.
5. If he doesn't
acknowledge the baby, what can I do?
Again,
it depends on the state where you live, but you would have to
file a suit and some sort of written document signed under oath,
like an affidavit, that states that sexual intercourse occurred
between you and putative father during the period of probable
conception. If you were married to someone other than the putative
father during the probable period of conception, your spouse
or former spouse would have to be notified.
6. I was married
to my former husband then, but I don't want him involved. He
doesn't even know about the baby. Why do I have to tell him?
You should
check out the laws of your state, but usually states insist upon
involving the mother's husband or former husband, because he
could be the father, if your child was conceived during marriage
or within 300 days after the marriage is terminated by divorce,
death or annulment. Up until a few years ago, the courts automatically
presumed the husband was the father if the child was conceived
during those periods. That meant all children born during marriage
were presumed legitimate.
7. Can my
daughter's father claim that I had sexual intercourse with my
former husband or other men during the probable period of conception?
Perhaps,
but the answer depends on the laws of the state where the paternity
action is pending. For example, the Massachusetts courts only
allow the mother to offer evidence about her sexual relations
with other men, so your boyfriend wouldn't be allowed to introduce
evidence about other men.