What are the father rights after incarceration? 7 Answers as of December 12, 2013

I have a friend who is about to get out of jail. The girl he was with had a baby and lied and told him he wasn't the father and then the truth came out. She wants to try and avoid him till the little girls first birthday so he has no rights. Can he still have rights and will he still be able to see his daughter and get his name on the birth certificate? Please help! He gets released in 9 days.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Your friend needs to see an experienced family law attorney when he gets out of jail. The advice will almost certainly be to file a paternity petition.
Answer Applies to: Arizona
Replied: 12/12/2013
Tricia Dwyer, Esq. & Associates PLLC
Tricia Dwyer, Esq. & Associates PLLC | Tricia Dwyer, Esq.
Hello. It is good that you are supportive of your friend. Your friend should confer with an attorney just as quickly as possible. Hello. Please confer with an attorney so she/he can assist you and advise you and help you with your needs.
Answer Applies to: Minnesota
Replied: 12/12/2013
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
He doesn't sound like he has done anything to become the legal father. That's the first step. He has to file a parentage action if he believes this is his child. If the DNA test proves he's the father than he will be required to pay child support and can ask for a parenting plan. Depending on the kind of crime he committed, he will get supervised visitation until the child gets to know him. How much time he'll get ultimately depends on a lot of factors having to do with his ability to be a responsible parent.
Answer Applies to: Washington
Replied: 12/12/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
He should file and serve a paternity petition with a motion to establish custody and visitation.
Answer Applies to: California
Replied: 12/12/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Even though he is in jail, he could file a petition to determine paternity. If he doesn't do it now, then as soon as he gets out. He may run the risk that his rights will be terminated. However, if girlfriend doesn't have a husband and is receiving government assistance, the state may step in and contest the termination because it will be looking for child support from dad. Don't count on that though.
Answer Applies to: Idaho
Replied: 12/12/2013
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    Yes, your friend will still have rights to the child. He should file a Paternity suit as soon as he gets out of jail. Then he can establish parenting time and custody with the child. He can either do this himself or he can hire an attorney to do it for him.
    Answer Applies to: Arizona
    Replied: 12/12/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    He is entitled to file a Suit Affecting The Parent Child Relationship and claim he is the father of the child. The judge will enter orders related to possession of the child, child support, etc. I suggest he consult with a lawyer.
    Answer Applies to: Texas
    Replied: 12/12/2013
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