question about a father's rights.

Christie - posted on 05/19/2010 ( 59 moms have responded )

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if he is not on the birth certificate does he have any rights?Also,if he were to go to court and want to be put on the birth certificate would they put him on it with out my permission?

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Marva - posted on 12/15/2012

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If he's not on the birth certificate he has no rights at all. If he goes to court they'll do a DNA test or he can just accpect the rights of being the father. But u have to be there if u dont show up they wont proceed with it

Kristi - posted on 06/15/2013

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Yes, the courts CAN force you to take a DNA test, and they CAN. (and most likely WILL) award him visitation. The courts will NOT care how he treated you during pregnancy. If you don't cooperate, and he has an attorney, the courts will likely give him custody. The VAST majority of men who ask the courts for custody WILL GET IT! (70-90%)

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No they cant do that if he is not on the birth certificate there is no way they can prove he is the dad without a paternal test which both parties have to agree on if he goes to court he will have to go to the family courts first then they will conduct an investigation and its very expensive other than that if he showed no support for you he has neglected the fact that he has a baby then he has no chance ... i had the same scare and doubt about my baby daddy but my lawyer told me that

Tracy - posted on 05/24/2010

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States vary from one to the other. Most work this way: He needs to petition the court for a DNA test. These fees vary depending upon what lab conducts the test and it has to be taken at a participating lab b/c it will be court mandated. Nothing through mail is legal or acceptable. If he is the father he will be added to the birth certificate. An order for child support will go into effect. It will be back dated from when the child was born. Also any medical expenses you may have incurred throughout your pregnancy for pre natal care and after care are to be split between the both of you. An order for visitation will also be put into effect. There's sole custody, joint custody and joint custody with child primarily living with one parent. You can go after supervised visitation in which he needs to pay the court a fee a week in advance to pay for a "sitter" during his court appointed visitation time. If he doesn't want to see the child he doesn't have to, but he is financially responsible for the child until 18. Most states mandate that a father be named on the certificate. If you say you're not sure who the father is, the social worker for the hospital will ask you for names and phone numbers of men you may have had relations with in the time frame you would have conceived. Each partner will be tested and whom ever is positive DNA match will be financially responsible for said child.

Also you should have his wages garnished so that you ensure that you receive your support each week. It's easier to go about it in this manner as if he is late paying you out of pocket you have to wait most times till he's 4 weeks behind before court will take any action.

If you don't have the monetary means of securing yourself legal representation some attorney's do it pro bono, their are court appointed attorneys as well and you can always go to your city/town legal aid's office. No state tolerates deliquent dead beat father's well.

Good luck and remember you don't have to put up with the emotional, mental, verbal and physical abuse. If you can prove it with documentation, messages either voice or text and or email, the more power you have.

Donna - posted on 01/20/2013

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I've just found out my daughters dad isnt her biological dad and her real dad wants access she is 12 can he make me I live in england thanks

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Shema - posted on 06/11/2014

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i know these are all moms post but i have a problem that i need help with. i just recently found out i have an 12 months boy about a month ago. these women i seen like one time got pregnant i seen her she told me she was having a boy and her and the father are doing so well. couple months ago i got a letter from family court to go take a test. i got my test results i am 99.9% the father know these is whats driving me crazy she name him after the guy that man signed the birth certificate but i have court tomorrow for child support i want my baby's name change the mother wont aloud it. what can i do

Sarah - posted on 03/13/2014

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What rights does a father have if he is on the bc but the child doesn't have his last name and he refuses to get a job to assist with raising my son? And we never married.

Maureen - posted on 11/02/2013

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Please help me. I dont know what to do. If my child was conceived in CT but he n i live in FL can i take him to c his father in CT without worrying about his father taking him from me since he's not on the birth certificate? I want to do whats best for my son. I think its going to see his father but i have people telling me that before i go up there i need to have his dad sign papers n if he refuses then i should cancel my trip. he hasnt done nethng for our son and i dont want to risk him taking my baby away when i go up there. Im torn.

Maureen - posted on 11/01/2013

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ok i need some help. I got pregnant awhile bk when i lived in ct n was dating my now ex boyfriend. my son was conceived in connecticut however he was born and has been raised in florida his whole life (hes almost 2). My sons father wants me to take our son up to Connecticut to spend christmas with him n his family, however hes not on the birth certificate n has not been in his sons life, doesnt help me with our son, and has only seen his son once when he was about 15-16 months old. I was told by someone that if i go up to connecticut that there could b a chance of me losing my son if his father doesnt sign certain papers and that if he doesnt sign the papers before i go up there i should cancel my trip, is this true? Im trying to do whats best for my son and im torn bc im not trying and i dont want to keep my son away from his father but i also dont want to risk the chance of losing him if his dad wants to be sneaky. Please help me.

Betty - posted on 08/18/2013

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If my daughter is 15 and me and her dad he's been in her life the whole time but is a truck driver and is on home maybe 1week every 3months and we r getting seperated does he have the right to take her to his sons house a let hrr stay because she is being the 15 yr I can do anything I want I'd that legal in the state of co or can I just go get her and bring her home

JPatrick - posted on 06/21/2013

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@Jessica -- on the statutory rape question, that happened to my cousin (his gf was underage, the hospital pressed her to ID the father and when she said it was my cousin, charges were pressed). If you are trying to protect him, best wait until after the statute of limitations in your state has run (I presume you are in a jurisdiction where the age of consent is 18 -- in some states, it is lower so it may not be an issue). You can probably safely put him on the b.c. then, but in the meantime if you don't ID dad, you can't get support (if that's an issue). Best to talk to a lawyer.

Sara - posted on 02/05/2013

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in FL.. if you put your childs father on child support the state puts their name on your childs birthcert without asking.. i was pissed when they did that with my son.

Jessica - posted on 01/22/2013

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if my babys father is 21 and i am 17 is he allowed to sign the birth certificate without being charged for statuatory rape? not too long ago i was at a group home and they told me diffrent . can you tell me what you think???

Donna - posted on 01/20/2013

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I've just found out my daughters dad isnt her biological dad and her real dad wants access she is 12 can he make me I live in england thanks

Gerald - posted on 01/15/2013

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dora unforantaitly yes they can provide him with visit but if u make an enough stink about it they will supervised by the state at his expense and as afar as a DNA test they usually use a giant q-tip and swab your mouth

Dora - posted on 01/15/2013

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Question while pregnant I found out I had a rare blood type and needed to know the fathers I had called n asked him to give it to me or if he can come in and get it done so my baby could survive and develop normal he refused to do so I went to court and all they said there was nothing they could do but if the baby didnt survive they could if got him on man slaughter I told him that as well still nothing so I had to have needs every week go in my belly n into my baby head to make sure she was going to be normal or I would have to terminate my pregnancy now after having the baby and him wanting nothing to do with any if it and telling me to get rid of her he suddenly wants to me around he is not on the bc and I don't want or need anything I can support her on my own ages almost 4 months and I haven't needed anything from anyone POINT IS DOES HE HAVE ANY RIGHTS AND IF HE TAKES ME TO COURT FOR A DNA TEST DO I HAVE TO SUBMIT TO IT AND IF SO WITH ALL THAT SAID DO YOU THINK THEY WOULD GIVE HIM VISITATION RIGHTS !!?

Gerald - posted on 01/14/2013

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they could do a hearing and if he can prove he is the real dad then yes they can put his name on the record. i know its called an affidavit of parentage.. i did it with all 5 of my kids there mothers didn't wanna add me so i went to court then once i had the papers signed by a judge i sued for full soul custody and won no my 4 year old daughter lives with me

Natasha - posted on 12/17/2012

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i have a question my husband has a 10 yr old daughter with his bm and i truly believe that she does not belong to him at all but when u mention it he gets very upset about it when she was born the bm and her mom was at the hsptl with my hubby. mom and grandma made all the DECISIONS regarding the baby even gave the baby their last name instead of the fathers last name.......he claims she did it b/c she was mad i know better but anyhoot she has him on child support he is supposed to get her every other weekend and he does not she has not been over in nearly a yr i tell him to ask for joint custody so that they can have paternity done on her he keeps saying he will do it but i believe that he knows she does not belong to him but b/c he loves this lil girl and her mom to death its crazy i sympathize but i would not want someone to lie to me if i was a guy and had a child the bm recently told him that if he aks for joint custody she will remove the daughter from child support.???? what do u guys think weigh in and let me know..................

Dequettia - posted on 12/12/2012

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In Virginia I experienced this problem. This man wasn't the biological father of but one of my children, and wasn't on the birth certificate. He not ever acknowledged parternity, nor placed on child support due to the fact he wasn't my daughters father. Requested a DNA test court denied me that right stating they didn't want to seperate my children and that he didn't have to pay child support to be the father. Never paid for his own daughter until threatened to be imprisoned for the $65.00 amount monthly. Court ordered him to bring my daughter in for DNA testing his lawyer advised him to just acknowledge parternity and no testing had to be done. Thats how it went judge agreed now my daughter is with this man and his mom who isn't her grandmother thats by law in Richmond,Va.

Mona Lisa - posted on 12/05/2012

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Okay i have a question.The guy i'm engaged to has this little 3 month old son with some other girl. well when the baby was born he was at work and couldn't be at hospital in time to sign the birth certificate or anything. the mother of the child is immature and is holding the baby over my man's head. he gave her money each week for him and if he didn't pay a week the following week he would double the money. she called us for money beggin and for stuff for the baby and that's the only time she lets us see him is when she wants stuff from us or money. he payed her up untill she started some drama with us bc she was throwin up ima take u to chils support inforcements and sayin he cant see his son and stuff so he told her yo go ahead. she hasn't went up there any. and she said that she ain't going to bc he's the babys father so he should act like one and i was like why you telling him to act like a father? tetnacally we think that he is his father but we want dna and well we was told by alot of people that he can't request for dna, to be put on the BC, and to stop paying untill she take's it to childsupport inforcemants. so we did. and it didn't help anything. she put's him down, her friends puts him down, her family puts him down all over facebook and texts and stuff. THIS ISN"T THE WHOLE STORY, THERE IS MORE. i just sortened it. but i'm wondering is there any way that he can get a DNA? to be put on the BC if he is he's? and to have him ilitgamized? so he can have his rights to his son?

She ain't letting us see the baby unless he pay's and he's not paying anything because a atturny told him to stop paying. but that's the only way she'll let us see him and stuff. please help us, is there anything we can do?

Margaret - posted on 12/04/2012

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I ended up feeling like God was asking me to allow Him to set me free through forgiving even in the midst of setting boundaries, and we ended up having a way to have my husband at the birth of the baby number 6, he made it difficult in trying to change the baby's name at the last minute, but I ended up feeling free to stand firm, and now we're living with supervision from my parents in their house. I ended up putting him on the BC but I didn't change the name at all, even though I was tempted to feel I ought, I felt God say, "It's this name, let it go." So we're here and I feel good about it. MB

Jennifer - posted on 12/04/2012

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As a single mom of 2 children, by 2 seperate fathers, I know exactly what you are going through. I just want to say this, you are better off looking into the laws of father's rights in your particular state. I know in my case, my oldest child's fathers name is on the BC, but after looking into it, it does not give him ANY RIGHTS to the child because paternity was never done, as we were never married when the child was born. So different cricumstances call for different outcomes. Not quite sure of your particular circumstance, but you need to consult a lawyer or some legal aid in your state/city and ask them the particulars of your case. My youngest, her dad has been proven to be the father but his name is NOT on the BC and that is by my choice. When the paternity test was done(after I filed for Child Support), I was given that option. So again, different state/city/circumstance means different outcome. And even though he pays child support(sometimes) in my state, it does not give him the right to see the child, as he has never gone for visitation rights. And he would have a problem with that because he lives about 1400 miles away. I hope that you find the courage to get through all of this. Some of the responses that you have gotten have been pretty good.

FoxyMom - posted on 11/30/2012

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Going through this now with a friend in NC. If he is not on the birth certificiate, he can petition the court and get a court ordered DNA test. If the DNA test is positive it is his child, he can then petition the court to add his name to the birth certificate. There is nothing you can do to prevent the court from adding him to the birth certificate once he proves he is the father. He will then have to do a visitation/court order to gain visitation rights to the child and uniless you can prove him to be unfit the court will generally grant him visitation.

Shakela - posted on 11/27/2012

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i also have a question i am a teen mom and i have no support from my childs father who is 18 but his mom is a controling bitch who wont let him be a man and he doesnt do anything for my son at all and he comes by and call every blue moon...and his mom wants to control the situation so they went and started the process of taking a dna tes my question is when they prove he is the father will they automatically put him on the birth certificate and change my sons last name?

Marie - posted on 11/18/2012

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You should really look into the legal aide that is available in your community. Most states require the father be listed on the birth certificate in order to have rights. In Texas the father signs a form (usually in the hospital) that he verifies that his paternity. This is what makes it legal for a father to his rights to his child. In the research I've done if they are not listed on the birth certificate and no such form was ever signed they have no legal rights to the child. They can go to court and reqquest a DNA a test proving he is the father and then he can get legal rights, but this would take a bit of time. Many cities offer free legal advice for people who cannot afford it and can lead you in the right direction.

Laura - posted on 11/18/2012

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How does a man have temporary custody of my daughter if hes not on the birth certificate and has felonhs on his record??

Nicole - posted on 09/17/2012

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I have a child with my fiance of 16 years and I would like to know if I could find out if he is going threw fertenity testing with some other women? only cause I found papers in hes car that made me want to find out?

Jackie Lynn - posted on 09/15/2012

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i have a ? me and my baby father are not married and i am wanting to leave with my son is there anything he can do. he is on the birth certificate

Margaret - posted on 09/08/2012

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Question. My husband is mentally ill and off meds, narcissistic and controlling. I am expecting baby number 6 (living: I also have two little girls in Heaven with Jesus I lost half way due to medical negligence on his part...adrenal fatigue). Anyway, he is separated from me, I am due in two months. Can I leave him off the birth certificate as a way of protecting custody in eventual custody battle, can I keep him from birth and from hospital? Thanks, MB

Rebecca - posted on 08/25/2012

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My daughter's father chose not to sign the bc now he wants visits and he will not give me any money or help... When I let my child go with him he never brings her home on time and he is always telling me he won't help could I get in trouble for letting her go with him and how should I Handel this I called foc but he is hiding from them n won't serve him again help!!!

Loma - posted on 08/21/2012

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I am by no means an attorney and suggest you consult one or legal aid in your state as laws concerning matters such as this one varies from state to state...with that being said...Paternity test are usually required before a man can be put on the birth certificate. If his name is not on the birth certificate, he has to prove he is the father before he can be granted rights.

Teresa - posted on 08/20/2012

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If the fathers rights have been terminated by the choice of the father can the child's mom take him back to court to resume child support?

Danielle - posted on 08/17/2012

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There seemes to be a lot of confusion as what is what. First and foremost, every state is different. Tennessee and states with older, more traditional laws are very different then Florida, the state I come from. Florida Statue states that is a child is born out of wedlock, whether the father is on the birth certificate or not, the primary gaurdian is the mother unless a judge in a court of law has found substantial evidence to deem the parent unfit for that responsibility. The father would have to go to court and prove that the mother is negligent. Most of the women dealing with this, myself included, is because of an idiot we let in to our lives. Funny, a women's motherly instincts play a roll and we feel sorry for the POS we are with. I was 15 when I met the loser who beat me, sliced me, and threatened my life. After 5 years, I hadbeen beaten down mentally and did not realize how much my state of mind had been warped. I got pregnant at 17, had my son at 18. I got $18,000 from my fathers death and that is what was used to take of my son. Only two weeks after having an emergency C-section, I had to go back to work because the father did not work. After a total of 14 domestic violence charges, drug charges, felony charges, and having the education of a 9th grader and the mentality of a four year old I decided I had enough and left while he was in jail to unknown location. My son was 8 months and we moved in with a man who was and still is a civil engineer. Today he is the Vice President of that same company but not with me. He was ten years older with 2 Masters Degrees and a real man who took my son and I in and supported us. He loved my son and during the six years that was the person who provided for him. My son's first memories or with him. After six years, things fell apart and I ended up with Kevin who i have now been with for 10.5 years. About 6 years ago, we fell in to hard times and made my son's father take him for a little while until things got straightened out. Well when I asked for him back, he refused and hid my son. I found him a couple of times but I had some major finacial problems and had no car. Long story short, I had to leave and move to TN to fix my life. Hardest thing I ever done. I went to TN on a greyhound bus with just the clothes I had on and the shoes on my feet. After 2 years, I fixed most debt, credit, and school loan defaults. I had been working 70-80 hours a week and decided to move back to Gainesville where I would go to school. I found my son, which wasn't hard when I had the proper things to use. His father would not let me see him or talk to him, so I went down and took my son back, which my son and I had planned the day before. he had only what we was wearing and right after I took him I went to the police station and explained the story and asked if he could get him back. No was the answer from the cop, so I texted the father and explained the situation. I filed child support about 8 months ago and while I was in the court room, I asked the state attorney what steps I needed to take to file full custody over my son and I was told nothing. He had to attend the courtdate and petition anything he felt he needed to and when he didn't he relinquished his right. I get a whopping $100 for support. The first 4 months he owed, he did not pay. Only after a letter stating he would go to jail if he did not pay is when he paid. He met some girl that is 23 (8-9 years older than my son) and after 4 months he got her pregnant. The baby is 4 months and a woman that sees what a father is doing to another mother and allowing it should not be allowed to care for a baby. Anyway, I was cursed out and yelled at when I asked where his support was. Another 4 months went by and the court issued the money to be taken out of his SSI check that he gets because "He cant work!) My som gets $84 a months from that instead of $500-600 because his father never paid taxes, worked under the table, and could not keep a job. I finally started getting the $100 each month. This is the second month in a row but the four months he has missed has not been paid because at the time the court order had been issued, the father was only 12 weeks behind, so that is money I will never get! How stupid. Anyway his father is a real loser: he treats women like garbage, including his mother. Has a 9th grade education and abuses the system because my 74 year grandma who gets SSI for her retirment, still works and does more than this ass. I dropped my son off to his father a few weeks ago in Orlando and we sat and ate ice cream together. I listen to him and am real good a faking like I believe what he says because he is a habitual liar and lies about `everything. Now my son did not hear from his father for 4 months when he got mad about the support, never takes him, so a week later I get a call from his father who is being real nice and asks me if my son could stay with him in Pahokee, Fl. My son is beging to stay and tells me this "I really love my dad so much and I never get to see him. I am working with my uncle and they have a private school that I can go to and graduate at 16 and I work at the church with my dad" I got pissed and said that his father needs to worry about the 100 he cant pay and volunteering at church so they can help pay your bills doesn't make you a new found christian.He should be worrying about school and at 16 you have no reason to be done with school. You are not an immigrant and while working in the summer for your uncle is nice, you cannot work without paying taxes and you can only work a certain amount of hours while in highschool and only if your grades are good. You need to be focused on being a teenager because you will work most of your life. I texted him yesterday and told them they need to meet me so I can get him ready for school and that if I had to drive down there I would press charges. He called me and cursed me out in front of my son and then I got a text message from my son that cursed me out. I am seeing that children will turn out like there surroundings and I tried to let his POS dad play a role but he has nothing to offer him but negative ways. I am pressing charges, writing it on facebook, calling every church he works at but needs SSI to live off of, and I am going to make him see that four degrees, street smarts, and common sense added to an angry mother is a combination you do not F*** with. Pohakee. This is ridiculous. I hate this man and wished I never met him and had my son with anyone else.

Threenorns - posted on 05/17/2012

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if he is not on the birth certificate, the only way he would be able to gain parental rights (access and visitation) and responsibilities (child support) is to petition the court for a paternity test.

Marie - posted on 05/15/2012

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they usually have the father sign a document in the hospital where he is stating that the child is his. I would imagine if he did not sign this and his name is not on the birth certificate he has no rights.

User - posted on 05/09/2012

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I have just granted though the courts my 1yr olds father patently responsibility. I live in Scotland and he lives in Swindon , he has said to me that he is taking my son to his hometown even thoug I hadn't agreed to this in court and I had been informed on the court order letter contact is to stay in Scotland so does this mean as he's threatening to take him back with him when hes aloud to see him that it is classed as child abduction?

Rebecca - posted on 06/27/2011

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Once paternity has been established, they can add him to the birth certificate....with or without your permission

Melissa - posted on 05/06/2011

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It doesn't matter whether or not your babies daddy's name is on the birthcertificate or not. If the mother and father were not married when the child was born in most states the court would say the mother has more rights to the child than the father. However, if he wants to be known legally as the father of the child; he can go to court and request a paternaty test be done and if the order is granted ( you can get in trouble for not allowing the test to be preformed) that makes it a legally binding court order. If a DNA test proves the child to be his he can request visitation with the child leaving; you to file for support from him for the child and if you don't believe and can prove that any visitation would endanger and not benefit your child, you would need to be able to prove him unfit to a court of law.

Tamara - posted on 05/24/2010

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WHATEVER YOU DO, DON'T WRITE THAT LETTER ABOUT YOUR AGREEMENT OF HIM GIVING UP RIGHTS. BY SIGNING THAT YOU ARE ACTUALLY ACKNOWLEDGING THAT HE IS THE FATHER AND GIVING HIM RIGHTS IN THE EVENT THAT HE CHANGES HIS MIND. DON'T PAY FOR EXPENSIVE LAWYERS UNTIL THERE IS ACTUALLY A NEED AND JUST KEEP DOING WHAT YOU'RE DOING, I'M SURE YOU'RE A GREAT MOM.

Karmi - posted on 05/23/2010

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Without him signing the certificate no he won't have any rights. But yes they can put him on the certificate if he fights for it and gets a DNA test or you say that he is the dad. Also if you do get government assistance with child support or medical care they will fight to find the father and make you take a DNA test. I've gone through it all with my son's father. Also keep in mind if he does fight for custody and to have rights you will also have to pay for the DNA test or the court cost. The government won't pay they will have you do it.

Gina - posted on 05/22/2010

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Oh, one more thing. If he did take your child, even if he was listed on the birth certificate, it IS kidnapping! You are the primary guardian because the child lives with you. If he took the child, even in the same state and refused to the child back, he would be charged with kidnapping.

Sorry to be so straight forward. I used to work at an abuse center and we are very straight forward about the facts. It's best to know the facts and move forward. If he abused you and threated to take the child, contact an abuse center. They can help you and the child from him as well as putting a red flag on him in case anything does happen.

Gina - posted on 05/22/2010

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YES he can be put on the BC. And he does have right even if he is not on the BC if he gets a DNA test to prove he is the rightful father. There are many types of groups who will help him get the test (even pay for them). Each state is different but many states have agencies who will fight for rights and child support including getting a DNA test. These groups are for both fathers and mothers. The BC is supposed to be listed with facts like the father and mother, child's name, birthdate, etc. If he is the father, he has a right to have his name on that certificate.

As for him not giving support so he would be in trouble. Well, if he can show that he means to do that and he wants to be in the child's life and you stopped it...you could actually be in trouble. Both parents have rights and neither can take those away.

The more important questions here. Why don't you want him on it or in the child's life? If you feel there is a legitimate reason like abuse (physical, sexual, or mental) or a drug/alcohol problem...you have the right to keep him out of the child's life. A friend of mine got married to another guy than the father of her child and put the husband (not the biological father) on the birth certificate. The court had a few choice words for her and changed it. She didn't have a choice. It's about rights and not about what you want.

Kelly - posted on 05/22/2010

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THEY WOULD DO A DNA TEST THATS WHAT THEY DID WITH MY CHILDS FATHER...HIS NAME STILL AINT ON THERE HE HAS RIGHTS...I MEAN I WISH HE DIDN'T...THEY WONT ASK PERMISSION............BECAUSE THE DNA TEST STATES HE IS THE FATHER

Paula - posted on 05/22/2010

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Most definately different states and countries have different laws. Where i am from it doesnt matter if his on the certificate or not. It goes to court if he wants access and they will order a paternity test and once it comes back as his the dad then they will rule on his access. They consider now a days that the child has a right to see his/her dad not that the dad has rights to see the child. And dont worry i do understand how much it sux as the father of my daughter brought nothing for her, gave me no support either emotionally or financially during the pregnancy or just after and has only seen her 3 times in 5 months. And he goes around telling people that i used him and he brought everything and i left him after he spent all the money.. which is funny cause i have all the reciepts most paid with my eftpos card.. hmm.. but unfortunately theres nothing that can be done ultimately i will look like the nasty one if i deny his access when it comes to court so i have to bite it and whenever he asks let him see his daughter which is in a few hours.. oh what fun its going to be...lol

Elizabeth - posted on 05/22/2010

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the dad does have right even f he isnt on the birth certificate. my x partner is on our two boys birth certificate but he refused to put his name on out little girls (our youngest) cos he was in a new relationship. but he still has the same right and responibilites as he does to the boys. he is still made to pay csa when they work it out. unless he does a test to try to prove shes not his. but he knows she is so he wont do one even thou i said id pay for it. Ive been to court over it and have been told tis by the court and solicitors. any child born after 2004 i belive it is, the father has a right if on there or not. can a court can demand dna test. i was told that i cant make him put his name on her birth cerificate unless he wants to do it. so unfar on her as he is on our other childrens,

Tara - posted on 05/22/2010

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You should speak with a lawyer to know YOUR rights as a mom, and get a better idea of his. Each US State has different laws.

I'm a single mom who chose to put the father on my son's birth certificate (we get along) only after I asked every question I could think of in a consultation with my attorney.

Attorneys are expensive - obviously - but check out a Standard Plan with Pre-Paid Legal: (www.prepaidlegal.com/info/tara). You can ask any question you want, anytime, get your Will done for free, get contracts/documents reviews and have them write letters on your behalf and a lot more under your coverage at no extra charge. It's only like $16/month. It's worth it to know, and not assume someone other than a lawyer who knows the law in your state (or his) is giving you accurate information. Yes, I do sell Pre-Paid Legal (my home business), but it's because I've been a member for almost 12 years, and I wouldn't be caught without it. It makes sense.

Patricia - posted on 05/22/2010

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He does have rights even if he is not on the birth certificate, if he were to want to be on the birth certificate then he would have to do a paternity test and depending on what state you live in it may or may not have to be agreed on by both parties. And even if you don't agree he can get a court order to have the test done. If he has told you he doesn't want anything to do with the baby then I would have him put that in writing and take it to the court to terminate he parental rights. Then he is guaranteed never to be able to see or contact the child.

Michelle - posted on 05/21/2010

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If he is not on the birth certificate he does not have any rights and if he wants to be put on the birth certificate you would have to be there. He can't just add himself without your permission. In most states if you were married at the time of conception that would put your husband on the birth certificate automatically (even if you got divorced during your pregnancy or whether or not he is actually the child biological father). Now he could take you to court and they would order a paternity test if you contest him being on the birth certificate, but if it come back as him being the biological father that would automatically give him rights and he could put himself on the birth certificate. Sorry if thats not what you really want to hear but it is the truth.

Nicole - posted on 05/21/2010

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No he has no rights hes has to prove that hes the father first and no they cant my daugters father had a DNA test done to prove he was her father and hes still not on her birth certificate and he still has no rights to her he would have to take you to court before he can get anything

CLARISSA - posted on 05/21/2010

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I believe it varies from state to state. In Georgia, the father has to request a paternity test be done to prove parentage. And then once that has been proven, they set up child support. This does not mean that he has access to the child, it only proves that he is the father. He would then have to file to legitimize his child; have it legally recognized by the courts. That's when they set up custody and/or visitation.

People have told me that I should file for child support and give my child's father a paternity test to prove him wrong and that it will be paid for by the state, but that's not on my mind. I know as well as he knows that he is her father. If he wants rights let him pay for the paternity test as well as other papers that need to be filed. As far as it goes, I'm the only one with rights to her until he does all that's listed above.

Nicole - posted on 05/21/2010

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The only way he has rights is if there is a DNA test done which he or you would have to go to court and order. Once this is done and if paternity is established he will have rights to your child. I am going through this, but Father wants nothing to do with it.

[deleted account]

Generally this is how it goes although the process does vary from state to state:
All of this assumes that you are going to deny his parentage
He petitions the courts
the courts order the DNA test
if you don't show up in court, or refuse to participate in teh process they can still force the test.
They will NOT just put him on the birth certificate becase he says he is the dad.
My suggestion: GO SEE A LAWYER!

Ebony - posted on 05/21/2010

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He would have to petition to be put on the birth certificate but they would never do it without you being that he isn't on there already. This is a see-saw. He can be added to the certificate but he would have to show the court that he has the means to be a faher now and prove to the judge that he is now worthy. They will look into all of his finances and see if he is able to take care of this child and them child support should be bought up by you at that time. He is powerless because he isn't on the original certificate but if he pushed for it, yeah, he could drag you into court!

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