This isn’t about me, but a friend of mine is dealing with a really messy situation.
A person who is not biologically related to the child, along with their parent, is trying to get custody or at least visitation rights.
The issue is that this person has a history of serious abuse, including trafficking the child’s biological parent. The only reason their name is even on the birth certificate is because the biological parent was forced into it through blackmail and fear.
Now, the biological parent is trying to get a restraining order, but the courts keep rejecting it—first for having too much information, then for not having enough.
On top of that, the parent doesn’t want to be in the same room as the abuser because it would cause severe mental distress. Is there any way to make sure they don’t have to face them in court?
@Kirby
It sounds like a man signed the birth certificate even though he’s not the biological father. If that’s the case, he’s legally the father, no matter what biology says.
Courts don’t really care about DNA once someone signs those papers. If he wants custody, he has the right to ask for it unless the biological father steps up and legally claims the child. If that doesn’t happen, the court will likely keep treating him as the legal parent.
@Naya
Signing a birth certificate alone doesn’t necessarily give someone legal rights. But signing an official acknowledgment of paternity (AOP) does, even if they aren’t the biological parent. If that happened, they have full parental rights unless a court rules otherwise.
@Kirby
A lot of people think signing the birth certificate and signing an AOP are the same thing, but they’re not. In some states, there is no actual signing of the birth certificate—just the AOP.
People just tend to call it ‘signing the birth certificate’ because that’s what it feels like.
Kirby said: @Naya
Yeah, but legally they’re completely different things.
It depends on the state. In some places, there’s no birth certificate signing—just the AOP. The way people talk about it varies, but legally, what matters is what paperwork was actually filed.
@Kirby
If the court is even letting this person try for custody, it probably means they signed whatever paperwork gives them legal standing, even if OP didn’t describe it exactly.
But yeah, custody laws are different in every state. If you’re unmarried and having a kid, it’s really important to know how things work where you live.
@Naya
Not necessarily. Sometimes courts let cases go forward just to hear arguments before deciding if someone actually has rights. And in Colorado, you don’t even have to be a parent to file for custody.
OP’s friend really needs to talk to a lawyer in their state.
