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May the father and I write up our own agreement
regarding child support and visitation? Yes, you may write
up your own agreement but neither a court nor the child are bound
by it. Therefore, if one of you breaches the agreement, the other
parent cannot enforce it. It is still a good idea to try to come
up with an agreement between you and the father and then see if
the court approves it. The child, however, has independent rights
to establish a parent-child relationship with the father and to
ensure the father's support. Therefore, an agreement between you
and the father does not remove the child's rights. A child's parents
have equal responsibility to support their child in the best way
possible. Equal responsibility exists regardless of which parent
the child is living with.
If the father wants to be involved with the child, what
should he do? Even before the baby is born, the father
should begin the legal process in the form of a paternity action.
Without a court order, custody and visitation rights may be difficult
for him to establish. From the moment of conception, he should hold
himself out as the father and receive the child into his home once
he or she is born. In addition, he should help support the child
financially.
How does paternity testing work? The father and
baby must be tested either voluntarily or through a court order.
A paternity test is a DNA test that determines whether a man could
be the biological father of a child. A paternity test compares a
child’s DNA pattern with that of the alleged father to check
for evidence of this inheritance – the most definitive proof
of a biological relationship. The result of a paternity test is
either an exclusion (the alleged father is not the biological father),
or an inclusion (the alleged father is considered the biological
father). Genetic testing is the only way to conclusively prove that
he is the father.
What rights does the baby's father have in relation to
abortion? The father has no rights in regards to abortion,
even if you are married. This means that he cannot legally force
you to have an abortion if you do not want one.
What rights does the father have in relation to adoption?
Generally, the father has rights in regard to the adoption of his
child which include receiving notice of the adoption and being given
an opportunity to contest the adoption.
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