Legal Question in Family Law in Vermont

Re: Putative Father

Upon the birth of the child out of wedlock, in the eyes of the law the child does not have a legal father. The child, so far as the law is concerned, has only ONE parent: the mother.

The man who is the biological father of the child has no legal rights, and no legal responsibilities, until and unless he is established or declared to be the child's "legal" father through one of the several methods provided by law for doing so. But until that happens, the biological father is a "non-entity" as a matter of law. That is, it is like he does not exist.

After the child is born, the biological father can join with the mother in signing a form known as a Voluntary Acknowledgment of Paternity form and filing it with Vital Records. This is one way of establishing legal paternity.

Alternatively, either parent may file a "paternity establishment" lawsuit (sometimes called a "filiation proceeding") against the other party seeking a judicial declaration of paternity. And this is another way of establishing legal paternity. If and when this happens, the judge will also establish a child support obligation.

You cannot relinquish your legal rights until and unless you have some legal rights to begin with. And until legal paternity is established, you don't have any rights, so there is nothing to give up.

And you have no legal obligation to support the child until you are established as the child's legal father.

Should you need more help and have further questions, you may call me and we can make an appiointment for and office conference. (Fee is $125.)

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]