What to Do When the Mother Refuses to Sign a Paternity Acknowledgment in New Hampshire
If the mother refuses to sign the Voluntary Acknowledgment of Paternity (VAP) in New Hampshire, you must file a Petition to Establish Paternity with the Family Court. A judge can order a DNA test and legally declare you the father, granting you rights even if the mother objects.
It is a heartbreaking scenario for any unmarried father: you are ready and willing to step up for your child, but the mother refuses to sign the paperwork at the hospital or actively blocks you from being on the birth certificate. Because New Hampshire law automatically grants full custody to the mother when parents are unmarried, her refusal leaves you with no legal rights to see, hold, or make decisions for your baby.
However, you are not powerless. You do not need the mother's permission to prove you are the father. If you live in Portsmouth, Keene, Derry, or anywhere in the state, you have the right to take the matter to court. By initiating a formal legal process, you can force the establishment of paternity and secure your role in your child's life. If you are facing this difficult situation, you can find a dedicated family law attorney in our directory to help guide you through the courts.
Understanding Your Legal Rights Under NH Law
In New Hampshire, the law provides a clear pathway for unmarried men to assert their fatherhood. Under N.H. Rev. Stat. Ann. § 168-A:2, a man who believes he is the father of a child has the right to file a legal action to establish paternity. The court's primary concern is the best interest of the child, and public policy strongly favors children having two recognized legal parents. Case law, such as Bodwell v. Brooks, 141 N.H. 508 (NH Supreme Court 1996), highlights how the courts handle complex paternity disputes and emphasize the rights of biological fathers who actively seek to be involved.
Filing a Paternity Petition in NH Family Court
When the mother refuses to sign the VAP voluntarily, your only option is to start a court case. This is not something you should delay. The longer you wait, the harder it may be to build a strong bond with your child.
To begin, you will need to file a Form NHJB-2061-F, New Hampshire, Circuit Court - Family Division, Parenting Petition. This document is filed with the Circuit Court - Family Division in the county where the child lives. For example, if the mother and baby live in Manchester, you would file at the 9th Circuit Court - Family Division, Manchester. If they live in Portsmouth, you would file at the 10th Circuit Court - Family Division, Portsmouth. In this petition, you are formally asking the judge to order genetic testing and declare you the legal father.
Emergency Interventions for Fathers
Sometimes, a mother's refusal to sign the paternity form is accompanied by threats to move out of state with the child. If you have reason to believe the mother is about to flee New Hampshire, you must act immediately. Your lawyer can file an Ex Parte Emergency Motion along with your paternity petition. This asks the judge to issue an immediate, temporary order preventing the mother from removing the child from the state until the paternity case is resolved. Emergency orders are difficult to get, so you must have solid proof of her intent to leave.
The Court-Ordered DNA Testing Process
Once your petition is served to the mother, the court will typically schedule a preliminary hearing. At this hearing, if the mother still denies that you are the father or refuses to cooperate, the judge will issue an order for DNA testing. You, the mother, and the child will all be required to provide a simple cheek swab at an approved, state-certified laboratory. The results are usually returned within a few weeks. If the test proves there is a 99.9% probability that you are the biological father, the court will issue a final order establishing your legal paternity, regardless of the mother's protests.
How Unmarried CDL Drivers and Out-of-State Workers Can File Remotely
If you are a commercial truck driver, active-duty military, or someone whose job keeps you out of New Hampshire for long stretches, you might feel like you cannot fight a court battle. Fortunately, New Hampshire's court system utilizes electronic filing (e-filing). This means your attorney can file the Form NHJB-2061-F, New Hampshire, Circuit Court - Family Division, Parenting Petition on your behalf without you needing to walk into the courthouse.
Furthermore, many preliminary hearings can now be attended remotely via WebEx or telephone. If a DNA test is ordered, you can often arrange to have your cheek swab taken at an accredited lab in another state, which will then securely send the results to the New Hampshire court. You do not have to quit your job to fight for your child.
Frequently Asked Questions (FAQ)
What happens if the mother ignores the court's order for a DNA test?
If the mother refuses to comply with a judge's order to submit the child for genetic testing, she can be held in contempt of court. The judge has the power to issue fines or even jail time until she cooperates.
Will I automatically get custody once paternity is proven?
No. Establishing paternity simply gives you the right to ask for custody. You will need to file a Parenting Petition to have the judge create a legal parenting plan detailing your visitation and custody rights.
Who pays for the court-ordered DNA test?
Usually, the person requesting the test (the father) must pay for the lab fees upfront. However, if the test proves you are the father, you can sometimes ask the judge to order the mother to reimburse you for half the cost.
How much does it cost to file a paternity petition?
The court filing fee for a Petition to Establish Paternity in New Hampshire is typically around $250. You will also need to pay a small fee to have the county sheriff serve the paperwork to the mother.
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