Legal Question in Family Law in Washington

These are really great questions and many folks in your daughter's situation ask them. When the baby is born, the hospital will present forms to fill out and often they will pressure her for the father's information. That said, she should put his name on the birth certificate, if for no other reason that because it is her child's right to know who the father is.

As for notifying the father, I would send a letter via certified mail with a return receipt, and keep a photocopy for your records. Your daughter could and I would say should file a paternity case to set up an order of child support. Even if the father is in no position to pay support now, she should still do this to make sure that she gets what is coming to her when he can pay. After all, babies don't raise themselves and pay for their own diapers and daycare, etc.

She should also set up a custody order, regardless of what the father wants to�will he be involved or stay away? There are many reasons to do this. First, by having custody orders in place, it prevents trouble down the road. For example, if your daughter wants to get a passport for the child to travel, since both parents' signatures are required on birth certificates, she will want a court order allowing someone to be appointed to sign in the father's place in case he is out of the picture and his whereabouts are unknown down the road.

Another issue that frequently comes up is when an out of the picture father suddenly comes into the child's life and starts asking mom for time. What should she do? If she lets him see the child and there are no court orders in place, there is nothing forcing him to return the child either. I've been called many times by a parent in distress because the other parent refuses to return the child and there are no court orders. It becomes an expensive problem not to mention very stressful.

Each case is different, but in general, what I've written above (getting a paternity case started, putting the father on the birth certificate, and seeking child support and custody orders) is what needs to be done at a minimum in each such case with children born out of wedlock. This is how your daughter can best protect her rights, and ensure her child's safety. It is also how she can make sure that the father is paying his fair share of child support, regardless of whether he intends to be a part of his child's life.

If you need help with this, please feel free to get in touch with me anytime.