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Mar 06
2009
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Ask A Lawyer: Responsible For My Out-Of-Wedlock Baby?Posted by: Rick Ortiz on Mar 6, 2009 |
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I fathered a baby out of wedlock. The birth mother wants me to pay the doctor and hospital bills. My insurance paid for the baby's expenses.
Am I legally liable for the medical bills in her name? She also thinks I should compensate her for her lost wages when she stayed home with our daughter.
Is there any legal basis for her to make this claim?
Answer:
The paternity and/or family support laws govern what birth and child expenses you may be required to pay and how far back she may be able to obtain child support. You may be liable to reimburse her for medical expenses, or the laws of your state may give the health care providers the right to pursue you directly, as it appears you have accepted responsibility for the child.
Generally, lost wages are not a standard for assessing child support or birth expenses. However, her lack of income may warrant an adjustment of the child support to assure the child is properly supported. Conversely, if she had not stayed home you might have been assessed some daycare costs dependent upon the financial circumstance of both parties.
It is important for you to pursue protection and enforcement of your parental rights promptly. Unlike a child born during a marriage where the husband is presumed to be the father and has inherent parental rights, as an unmarried father, generally you have no presumed rights but are required to provide support. If you wish to obtain specific custodial rights or an enforceable visitation schedule, you may be required to pursue a paternity order even though you have accepted financial responsibility or signed a voluntary acknowledgment of paternity.
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Comments (3)

written by Connie Jones, January 21, 2010
My son was married and has three children from that marriage. Unfortunately, they are divorced now. As a result of an extramarital affair, Randy fathered a beautiful little girl out of wedlock. He was there for the birth, has been able to see his baby often since her birth in March 2009. Five days ago the mother stopped letting Randy have Rileigh because he doesn't want a relationship with her. In Ohio, can my son get shared parenting of Rileigh. He has a good job. He has served his country for nine years as a Marine. Two tours in Iraq. He doesn't know where to begin with establishing his parent rights. He wants to formalize his right to Rileigh and is willing to fight for her. What is the likelihood of him getting rights to her through the court system?
written by Connie Jones, January 21, 2010
Do we have rights as grandparents?
written by Connie Jones, January 21, 2010
My husband and I are wondering if we as Rileigh's grandparents have rights. Her father and we have started a college fund for Rileigh, have bonded with her (along with our 5 other grandchildren). We want to be part of her life. Is it possible in Ohio?
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