Full question:
My daughter and her boyfriend cotenant an apt. they have a child together, the BF has decided he dosn't want to be in the relationship any longer and has moved out to his parents home but he refuses to pay his portion of the rent or even have his name removed from the lease unless my Daughter agrees to sign a piece of paper with some demands he wants. until she does he won't give the apt key back and is coming and going as he pleases. what rights does she have to prevent him from doing this?
- Category: Paternity
- Date:
- State: Minnesota
Answer:
If the landlord won’t change the locks and a restraining order isn’t possible, your daughter may need to establish custody and visitation rights through a paternity action. Paternity can be established in three main ways: through a paternity affidavit, an administrative order based on genetic test results, or a court order. In some states, signing a paternity affidavit waives the right to bring a court action to determine parentage, except to rescind the affidavit.
Unwed parents do not automatically have a legal father without establishing paternity. Some states allow paternity to be acknowledged through a form without a court action. Unmarried fathers have rights and responsibilities similar to those of married fathers. It’s important for both parents to be recognized as legal parents, which can be done by listing both on the birth certificate. If the father acknowledges paternity at or near the birth, or if a court orders a change, he can be added to the birth certificate.
Parents must provide for their children’s needs, regardless of their marital status. If they cannot agree on child support contributions, the court can intervene. Courts also decide who has the right to make decisions about the child’s education, health care, and religion if parents disagree.
Paternity actions are civil lawsuits, and only certain parties can initiate them, including the mother, the alleged father, or the child. After reaching the age of majority, a child may have additional time to establish paternity. If a paternity action is filed and a court determines parentage, a new birth certificate may be issued to reflect this (N.C. Gen. Stat. § 49-14).
A court will not automatically order paternity tests; it will review the petition to see if there’s enough information to justify a test. If ordered, the mother, child, and alleged father must all be tested at a designated facility. A court’s determination of paternity is final, and a copy of the order is necessary to establish the child’s rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.