Warren, MI asked in Contracts and Family Law for Michigan

Q: My son signed over right of his baby to girlfriend when she gave birth. Is this a binding contract?

My son has a job. No addictions. His girlfriend holds this over him and often I ( grandma can't see my grandson because she controls all).

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Depends on what you mean by "signing over rights". Typically the only thing that's signed between unwed parents is an Acknowledgement of Paternity (AOP). If your son signed such a document, he is acknowledging paternity - that's it. By default, the mother has custody, and no parenting time is ordered until the father asks the court - which can change and be litigated until the child is 18.

By signing the AOP, your son made himself what's called the "legal father". Rather than signing over rights, he actually is preserving his rights. BUT, if he wants custody or parenting time, HE needs to take further legal action; it will not happen automatically.

The reason for this is because issues of the family is largely a private matter. Courts do not get involved unless one of the parents asks the court to get involved, an abusive or neglectful situation arises involving CPS or police involvement, or in cases of state funding, the state seeks child support.

YOUR rights are only recognized through your son. I would encourage him to establish custody and parenting time for himself now. All too often, men in particular let time pass and are content or hoping the mother let them spend time with the child whenever they want. Then when things hit the fan down the road - usually when the mother wants to move or otherwise says "no more", only then does the guy want to come to court and say "this is everything I've done for the last several years". But to the extent the mother doesn't agree, the man is left with nothing on paper to prove any of it, and the court assuming the father hasn't been around.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.