Retroactive legitimation

[annemichellesdad]

This is an odd question...

Legal relationship (vs. mere bio relationship) is established between unmarried father and child through administrative judgment. (That is to say, the state does not require a court hearing, but rather an administrative process in conjunction with BM in which the document is given "the effect of a judgment".)

Family (still unmarried) moves to second state, where "legitimation" requires a court order.

1 - Does the father need to do anything in order to have his parental rights recognized?

2 - If so, and father goes through "legitimation" process, can documents from original state be used as evidence to make the legitimation process "retroactive" from the time they first moved to forum state?

OR

2b - Can father file for a domestication of foreign administrative judgment? (Yep, that's a mouthful.)

3 - With either a petition to legitimate or a petition to domesticate, would the mother be named as a defendent?

Seems like the connundrum is how an acknowledgment of paternity from the original state, which has "the effect of a judgment" should be given full faith and credit in the second state, in which the same document only serves as evidence for biological paternity. Certainly a child who is legitimate in one state wouldn't become "illegitimate" in another state just for crossing over a border, especially when both states recognize legalized unwed father-child relationships, but simply in through different means.

Thanks!

[socrateaser]

I would petition the court where the administrative order was entered and ask the court to decree your paternity, on grounds that the administrative action is not recognized in the other state. I'm fairly certain that the court would order this without delay.

If you are in the new jurisdiction, then I would petition that court and submit the administrative order as evidence.

Having said all of the above, the administrative order may be sufficient to allow you to register it in the new jurisdiction. I'd need to read all of the text of the order to make that call.

[annemichellesdad]

Thank you for your assistance. Your recommendation to petition the original state for a decree is consistent with what I thought might be required. Just a couple of other quick questions:

1 - Since I am no longer a resident of the original state from whence the administrative judgment (an acknowledgment of paternity given the "effect of a judgment") was entered, does it matter which COUNTY I file the petition for a decree?

2 - Does there have to be a "defendant" or "respondant" named? If so, who?

3 - Because the administrative document is an acknowledgment of paternity, it includes the name and notarized signature of the child's mother. She also no longer resides in the original state. Is she named anywhere in the petition? Seems odd that she would be a defendant. And how would the jurisdiction issue be handled if she is? The whole point is to get a decree from the original state, and she no longer lives there.

Much thanks!

[socrateaser]

>Thank you for your assistance. Your recommendation to
>petition the original state for a decree is consistent with
>what I thought might be required. Just a couple of other quick
>questions:
>
>1 - Since I am no longer a resident of the original state from
>whence the administrative judgment (an acknowledgment of
>paternity given the "effect of a judgment") was entered, does
>it matter which COUNTY I file the petition for a decree?

You should file in the state/county where the mother lives now.

>2 - Does there have to be a "defendant" or "respondant" named?
>If so, who?

yes. you are petitioner, mother is respondent. You are requesting a declaration of paternity.

>3 - Because the administrative document is an acknowledgment
>of paternity, it includes the name and notarized signature of
>the child's mother. She also no longer resides in the original
>state. Is she named anywhere in the petition? Seems odd that
>she would be a defendant. And how would the jurisdiction issue
>be handled if she is? The whole point is to get a decree from
>the original state, and she no longer lives there.

No, you are better off getting a declaration from the State where the mother lives now. Basically, the court will read the document from the other state and declare that this is sufficient evidence of paternity to make a judgment under State law.