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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Yes, you should be able to accomplish what you want, and all in the state of North Dakota.
To do that, I’m going to make some basic assumptions…and if they aren’t correct, they will need to be set straight as you go ahead with clarifying paternity. The first assumption is that you and your daughter are now residents of North Dakota. North Dakota is pretty resident friendly. It does not require employment or property ownership to prove residency (or domicile), which is what you need for a court to have jurisdiction over your child. If you can show an act and an intent to reside permanently in North Dakota, that will do to get jurisdiction of a court there. http://www.legis.nd.gov/assembly/60-2007/docs/pdf/99101.pdf.
The second assumption is that you do not want the biological father named, or to have legal rights. You may want to get advice from a low-cost or no-cost service, if the cost of a lawyer is an obstacle: http://www.legalassist.org/.This second assumption, however, raises some trickier questions, and we’ll talk about that issue last.
Useful Evidence
People do change their minds (in this case, that would likely mean the named father), so I hope you have kept any letters or emails, including your own, indicating your mutual understanding.
You should also become familiar with both the family court system in North Dakota, here…. https://www.ndcourts.gov/Court/ADR/lawguide.pdf … and many of the forms that will be used in paternity proceedings; here’s the common negation of paternity form used in North Dakota (using section 3)… http://www.nd.gov /dhs/services/childsupport /docs/sfn08195.pdf … .
Required Evidence
Here’s what one North Dakota court (http://caselaw.findlaw.com/nd-supreme-court/1536758.html ) had to say about removing a false father from a birth certificate, by using genetic testing. In that case, when the mother later sought public assistance, the state insisted on trying to prove someone’s paternity. Hopefully this will not be your situation. Another case (http://caselaw.findlaw.com/nd-supreme-court/1403479.html) shows how important it is to bring this action by the time your daughter is five years old.
The Name of Your Child
Among the things you may want to accomplish will be a name change, both on the birth records and with Social Security. This should also be part of the paternity proceeding, but does not have to be. You can look at some of the ways this name change can happen, here: http://www.nd.gov/dhs/services/childsupport/faq/faq-vpa.html.
The True Biological Father
As mentioned, this may be the trickier assumption. Perhaps, some of your motivation to end another man’s listed paternity, has been to involve the biological father? I assumed this was not the case, because you probably would have mentioned it. Nevertheless, there may be a possibility of future involvement by the biological father…obviously, I can’t know these facts right here. But in planning and protecting for your daughter’s secure future, you may want to address this potential: especially if you wish to avoid having the biological father involved. Another aspect of this may occur if you should ever want your daughter to be adopted. In that case, you may wish to pursue a declaration that the father is unknown. In this instance, look here http://www.childwelfare.gov/ systemwide/laws_policies/statutes/putative.pdf.
My husband is disabled and
Submitted by gbizal on
My husband is disabled and resides in a nursing home. He receives $717 is social security benefits. His benefits are reduced to $537.75 after a deduction of $179.25 for federal income taxes. How is the State of Illinois and the nursing home supposed to calculate his portion of the nursing home charges?
Yes, you should be able to accomplish what you want, and all in the state of North Dakota.
To do that, I’m going to make some basic assumptions…and if they aren’t correct, they will need to be set straight as you go ahead with clarifying paternity. The first assumption is that you and your daughter are now residents of North Dakota. North Dakota is pretty resident friendly. It does not require employment or property ownership to prove residency (or domicile), which is what you need for a court to have jurisdiction over your child. If you can show an act and an intent to reside permanently in North Dakota, that will do to get jurisdiction of a court there. http://www.legis.nd.gov/assembly/60-2007/docs/pdf/99101.pdf.
The second assumption is that you do not want the biological father named, or to have legal rights. You may want to get advice from a low-cost or no-cost service, if the cost of a lawyer is an obstacle: http://www.legalassist.org/.This second assumption, however, raises some trickier questions, and we’ll talk about that issue last.
Useful Evidence
People do change their minds (in this case, that would likely mean the named father), so I hope you have kept any letters or emails, including your own, indicating your mutual understanding.
You should also become familiar with both the family court system in North Dakota, here…. https://www.ndcourts.gov/Court/ADR/lawguide.pdf … and many of the forms that will be used in paternity proceedings; here’s the common negation of paternity form used in North Dakota (using section 3)… http://www.nd.gov /dhs/services/childsupport /docs/sfn08195.pdf … .
Required Evidence
Here’s what one North Dakota court (http://caselaw.findlaw.com/nd-supreme-court/1536758.html ) had to say about removing a false father from a birth certificate, by using genetic testing. In that case, when the mother later sought public assistance, the state insisted on trying to prove someone’s paternity. Hopefully this will not be your situation. Another case (http://caselaw.findlaw.com/nd-supreme-court/1403479.html) shows how important it is to bring this action by the time your daughter is five years old.
The Name of Your Child
Among the things you may want to accomplish will be a name change, both on the birth records and with Social Security. This should also be part of the paternity proceeding, but does not have to be. You can look at some of the ways this name change can happen, here: http://www.nd.gov/dhs/services/childsupport/faq/faq-vpa.html.
The True Biological Father
As mentioned, this may be the trickier assumption. Perhaps, some of your motivation to end another man’s listed paternity, has been to involve the biological father? I assumed this was not the case, because you probably would have mentioned it. Nevertheless, there may be a possibility of future involvement by the biological father…obviously, I can’t know these facts right here. But in planning and protecting for your daughter’s secure future, you may want to address this potential: especially if you wish to avoid having the biological father involved. Another aspect of this may occur if you should ever want your daughter to be adopted. In that case, you may wish to pursue a declaration that the father is unknown. In this instance, look here http://www.childwelfare.gov/ systemwide/laws_policies/statutes/putative.pdf.