does the father have legal rights

Megan - posted on 08/28/2011 ( 11 moms have responded )

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a year ago i got pregnant with my daughter evalina. her father denied her throughout my whole pregnancy and up til the day she turned 5 months. on that day the results of a dna test were given proving him to be the father. his name still remains off her birth certicate but since a dna test was done, does he have legal rights?

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Debbie - posted on 09/06/2011

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this is a tricky 1 as when i fell pregnant with my son 8yrs ago the farther didnt want 2 know and till this day still doesnt. when my son was 1 month old some twit kicked my wing mirror off my car and the police that came round to my house to take a statement off me told me that if the farther doesnt contact me within a certain amount of time he has no legal rights. this is because he is not named on the birth certifiacte and we were not married. like i said its abit more difficult as uve now had the dna test so that mite give him some more rights now but if u were not married he still doesnt have the same rights as if u were married. my advice to u wuld be go and see citizens advice burea. they will be able 2 guide u. good luck x

Shiann - posted on 09/04/2011

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Yes he has rights. You need to go back to court for visitation custody and child support. Do NOT let him keep her for any reason bc he can take her from you and you will have a nasty battle on your hands. Right now you both have joint custody of her. File your papers ASAP!

Jane - posted on 08/28/2011

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Unless he has signed away his parental rights or the court has issued an order granting you sole custody, yes, he has legal rights. OTOH, you also have legal rights that may include child support payments from him. Get a lawyer.

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Whitney - posted on 01/15/2014

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This is my situation. My husband and I got married March 21 2013 and separated april 19 2013 (not even a month being married) and during this time of being married and before we separated I was on bed rest with my daughter. I came home to get clothes and he had another women moved into my house. A week and a half after we split up I had my daughter on May 1st 2013. She was born at 31 weeks and only weighted 4 lbs 7.7 oz. We were in the hospital for 2 weeks. He was not present during the birth and did not sign the birth certificate. I have offered since then to let him see her and he has never showed up, called, or supported her in any way. I have court the 22nd of January and don't know what to do. I don't want child support and what if he doesn't show up for a dna test? (I pray he doesn't) Even though we are married and he is not on the birth certificate and has never tried to see her.. what can happen at court? What can I ask the judge to do?

Mary - posted on 09/09/2011

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I can't believe the wrong information you are receiving. Why did you do the DNA test? Yes, he has rights equal to yours. You have de facto legal custody, he needs to apply to the court for access to the child. Should he do this, make sure you file for child support. Child support is your child's right, not yours. If there are serious reasons he should not see the child, you can request that no access be granted to him. Family law is a part of my law practice.

Paula - posted on 09/05/2011

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Was he present at the birth? In nz, if they are not a the birth then he has to ask you for permission to be involved. I went for full custody and he has no say in how I bring up my child, coz I didn't sign. My child is now 10 and he still never comes around. I haven't closed the door for the sake of my child, but Im not the one showing their true colours which I already knew. Let him prove himself as a father, time is a great revealer of the heart. I legally got document so that he acknowledges paternity, but he's not officially on my child's birth cert.

Danielle - posted on 09/04/2011

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Yes. He has just as many rights to that child as you do. He would have to appear before the courts and give up his rights

Jane - posted on 09/01/2011

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@Karen - The DNA test trumps being left off the birth certificate, so he does indeed have rights.

Cindy - posted on 09/01/2011

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He has rights. You should get a court order for child support and custody with visitation to the father. If you need help let me know and I will do my best to help you. My husband and I have been to court several times over the past few years and we did it all In Pro Per (no lawyer)

Karen - posted on 09/01/2011

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NOPE he isn't listed on the birth certificate so unless he takes you to court he has no rights sorry bout his luck

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It might depend on where you are, but I'm pretty sure that he has rights unless a court has awarded you full legal custody.

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