Full question:
My 16 Year old son and his 16 year old girl friend has a daughter that is a little over a month old. While at hospital after birth of baby he filled out paper work/birth certificate and I was latter told he was not on the birth certificate because the hospital was requiring a DNA test to make sure he was the father and he has no doubts. Latter after baby is home the Mother of the minor girl (birth mom to grand daughter) says she has guardian ship over the baby and will not allow the minor mother to have any say so in the baby life, not allowing her to go to other grand mother house or any where with the birth mom. Any attempts she goes to take her baby any where her mom will threaten her with calling the law, saying she has guardian ship with the birth mom is in the juvenile court system and that the juvenile court put her in guardian ship over baby and claims she has all say so over baby. is that even heard of and if she would have guardian ship or even temporary custody wouldn't there be some kind of hearing or at least documentation before the baby came home which the minor girl does still live with her mom and my son lives her at home,
- Category: Paternity
- Subcategory: Minor as Parent
- Date:
- State: West Virginia
Answer:
This situation is complex, and it's crucial to consult a lawyer for assistance. Generally, minor parents retain parental rights over their child, similar to adult parents, unless a court rules otherwise. In West Virginia, a minor mother typically has the same rights as an adult mother regarding her child. However, since she is still living with her parents, the implications of those rights can be unclear.
The minor father does not have any legal rights until paternity is established, either through a court order or by signing an Affidavit of Paternity. If the minor mother becomes emancipated, her parents' rights may cease. Emancipation can occur through various methods, including filing a petition in court.
The minor father can file an action to establish paternity, which can be done by you on his behalf if necessary. If the minor mother’s parents filed for guardianship in juvenile court, they might not have been required to notify the father since paternity was not yet established. This raises questions about the legality of their guardianship claim.
It’s essential to get a local attorney involved to protect the minor father's parental rights and to navigate the guardianship issue. The minor father’s name will not appear on the birth certificate unless paternity is established through the appropriate legal channels (W. Va. Code § 16-5-10). If the birth certificate does not list him as the father, he has no legal rights until paternity is confirmed.
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.